Alienation and Regulation of Teacher Dismissal Systems under the Appointment System of Public Universities
Dismissal is a faculty exit mechanism,referring to the termination of a teacher's appointment by a university. The appointment contracts signed between public universities and teachers are not labor contracts in legal nature,but administrative agreements. Dismissal is essentially an act of public power,which should balance the public interest in education and teachers' legitimate rights and interests. Currently,public universities mainly dismiss teachers based on reasons such as “up or out”,voluntary resignation,and contract expiration. However,the dismissal system is alienated due to unclear legal basis,vague legal procedures,and blocked remedy channels,and urgently needs legislative adjustment. In the future,legislation such as the Teacher Law should adopt legislative techniques such as “listing plus bottom line”and “statutory plus agreement”,clarify the legal basis for the initiation of the dismissal system,require public universities to make it transparent to the society,establish a sound work procedure that covers the entire process of dismissal,empower teachers with the right to make statements and defend themselves,and introduce a hearing system to enhance the scientific and democratic nature of dismissal behavior. At the same time,it is necessary to optimize the appeal and arbitration mechanisms,and provide comprehensive and effective remedy channels for teachers in terms of linkage mechanisms,scope of cases,legal application,burden of proof,and handling methods.
Institutions
- Guangzhou Chemistry (China) (CN)
Publication Details
- Journal
- SHILAP Revista de lepidopterología
- Published
- 2025-03-01
- DOI
- https://doi.org/10.13718/j.cnki.jsjy.2025.02.013
- Primary Topic
- Plant pathogens and resistance mechanisms
- Type
- article
- Field-Weighted Citation Impact
- 0.00