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教师聘任合同的目的是实现国家公共教育目标,其建立的基础是教育行政法律关系,行政职权在合同履行中起主导作用,具有突出的公法性;教师聘任合同的缔结与履行以不自由为原则,合同责任的核心并非违约责任,与民事合同相比具有明显的差异。在我国现行法律框架下推行教师聘任合同的目的有二,即公共利益和教师合法权益。为保证该目标的达成,必然赋予政府相关职能部门和(或)学校在教师聘任合同缔结和履行中的特权并对该特权进行明确的界定与规制,同时赋予教师能与行政特权相制衡的权利。因此,必须贯彻行政特权法定并兼顾教师权益的法原则,适用公法规则对教师聘任合同进行规范。
The purpose of teacher contract is to achieve the goal of national public education, which is based on the relationship between educational administration and law. Administrative authority plays a leading role in contract performance and has prominent public law. The conclusion and fulfillment of teacher engagement contract are based on the principle of non-freedom The core of contract responsibility is not breach of contract liability, which is obviously different from civil contract. Under the current legal framework in our country, there are two purposes to promote the appointment of teachers, that is, the public interest and the legitimate rights and interests of teachers. In order to ensure the achievement of this goal, it is inevitable to give the relevant functional departments of the government and / or schools the privilege of concluding and fulfilling contracts in the appointment of teachers and the clear definition and regulation of such privileges while giving teachers the right to balance administrative privileges . Therefore, it is necessary to implement the law of statutory provisions of administrative privileges and taking into account the rights and interests of teachers, and apply the rules of public law to regulate teachers' employment contracts.