论文部分内容阅读
该课题运用比较研究方法、规范研究方法和案例分析法从行政法律关系视角对大学教师的权利救济进行了研究。研究认为,大学教师具有“人”“公民”“履行教育教学职责的专业人员”这三种身份,其权利体系主要包括消极地位的自由权、积极地位的请求权和主动地位的参与权三大方面。申诉作为救济教师权利的制度,性质上属于行政救济,包括校内申诉与校外申诉两个方面。目前我国大学校内申诉制度还存在实体内容不明确、程序规范不健全以及申诉后的救济渠道未拓展等三方面的不足。对此,应明确申诉主体,界定申诉人和被申诉人;明确申诉受理部门;厘清申诉范围,规定具体而有重点的申诉范围。校外申诉制度方面,要建立无偏私的教师申诉机构和科学、合理的听证制度。司法救济制度方面,尽管大学自治并不能排除司法救济教师的学术自由权,但行使时要在充分保障教师学术自由权的同时,又不至于侵害了大学自治权,对此,一要拓宽司法审查的受案范围,二要将校内申诉作为司法审查的前置程序,三要合理界定司法审查的限度。
The subject uses the comparative research method, the normative research method and the case analysis method to study the relief of college teachers’ rights from the perspective of the administrative law relationship. According to the research, college teachers have three kinds of identities, such as “people ” “citizen ” “professionals who perform education and teaching duties ”, whose rights system mainly includes the right of negative status, the right of claim and active status Three aspects of the right to participate in the status. Appeals as a system of relief teachers’ rights, in nature, belong to the administrative remedy, including two aspects: inside school and outside school. At present, there are still some problems in our country’s university appeal system, such as the substance of the entity is not clear, the procedural norms are not perfect, and the channel of relief after the appeal is not expanded. In this regard, the main body of the complaint should be clearly defined, the complainant and the complainant should be defined; the complaint handling department should be clearly defined; the scope of the complaint should be clarified and specific and focused complaints should be made. As for the system of appeals outside the school, it is necessary to establish an unbiased teacher appeal institution and a scientific and reasonable hearing system. Judicial remedy system, although university autonomy can not rule out the right of academic freedom of legal aid teachers, but in the exercise of the full protection of academic freedom of teachers, without jeopardizing the autonomy of universities, on the one hand, to broaden the judicial review Of the scope of the case, the second to the school appeal as a judicial review of the pre-order, the third should be a reasonable definition of the limits of judicial review.