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- Title
论«教师法»修订的基本立场和总体思路.
- Authors
湛中乐; 靳澜涛
- Abstract
In terms of revising the Teachers’ Law of the People’s Republic of China, the general thinking should be clarified from the four aspects; the focus of legislation, the perspective of regulation, the design of rules and the convergence of laws. First, in the forms of legislation, it should be closely centered on the central axis of “protecting teachers' rights and interests” , including classifying the legal positioning of teachers, clarifying teachers’ right to know, legal remedies and adding miscellaneous provisions, improving the teacher appeal system to ensure that teachers’ rights and interests can be promptly and effectively remedied. Secondly, from the perspective of regulation and control, the thinking pattern of “legislation for managers” should be changed, and the “teacher-centered” position should be adhered to; enough attention should be paid to the correspondence between teachers’ rights and obligations in the specific terms, and the three chapters of assessment, reward, educating and training should be integrated in the internal structure to reflect the process and dynamic of teachers’ development; the pertinence of legal liability in Chapter 8 should be improved, and the logical self-consistency of the legal system should be strengthened. Thirdly, the design of rules should be a-dapted to the new changes in society to reflect the new achievements of education policy reform in the new era and the new ideas on the construction of teaching staff, not only in the expression of individual sentences to keep pace with the times, but also in creating a social trend of respecting teachers and valuing education from the following aspects; formulating the strict entry threshold for teachers, reforming the teacher promotion system, perfecting the teacher honor system and improving teachers’ welfare standards. Finally, in connection with the law, the Constitution of the People’s Republic of China should be clearly defined as the basis for the enactment of the Teachers’ Law of the People’s Republic of China; attention should be also paid to the organic connection with the Compulsory Education Law of the People’s Republic of China and the Higher Education Law of the People’s Republic of China and other laws, which should be arranged as a whole at the level of general principles; it is also necessary to maintain a certain degree of flexibility in the design of rules to reserve the space for lower-level laws, regulations and rules.
- Publication
Teacher Development Research, 2019, Vol 3, Issue 4, p18
- ISSN
2096-319X
- Publication type
Article
- DOI
10.19618/j.cnki.issn2096-319x.2019.04.002