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

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
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Alienation and Regulation of Teacher Dismissal Systems under the Appointment System of Public Universities

SHILAP Revista de lepidopterología
Plant pathogens and resistance mechanisms
article

Alienation and Regulation of Teacher Dismissal Systems under the Appointment System of Public Universities

article en

Abstract

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.

SHILAP Revista de lepidopterología
Guangzhou Chemistry (China) (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 36%
Plant pathogens and resistance mechanisms
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.