Balancing: An Exploration on the Relationship between Teacher’s Rights and Duties in China
|School||Guangxi Normal University|
|Course||Principles of Education|
|Keywords||Teachers' Rights Teachers obligations Liabilities First Rights-based Balance|
Since the 1980s, teachers' professional sports surging around the world, China's 1993 Teacher Law clearly stipulates: \autonomy should be enhanced teachers' professional status, material benefits should be improved. Clearly, in the Context of Teaching Professionalism explore the question of the relationship of the teachers' rights and obligations of the Educational Significance; rights and obligations and the basic elements of the theory of law is the cornerstone of the legal research. At present, the Educational Law has begun Notes from the provisions of the Education Code and demonstration to occur on education the main rights and obligations to shift the focus, this shift to reach the core of the discipline, reflects the general purport of the legal research. Not only focus on doctrinal speculation, but also concerned about the reality of the practice; not only the text of the Education Code, reasonable questioning of the static teachers 'rights and obligations, and the Education Action, dynamic teachers' rights and obligations to achieve the feasibility of thinking. Writing try to be a combination of value and the fact that the unity of the text and action. The text from three dimensions: the first part of the argument theory to explore the relationship of teachers 'rights and obligations, solve the problem of the relationship between teachers' rights and obligations should be \The article obligations based on the relationship between the rights and obligations of teachers, the history of education in China has always been practiced their rights and obligations concept. With the limitations of this view in theory use it to guide practice has been serious damage to the interests of a group of teachers, and dampen the enthusiasm of teachers to practice, reducing the occupational prestige of teachers. Rights-based theory is 80 years since China's legal profession filled with the kind of legal thought, thinking about the relationship between the rights and obligations of the teachers with a rights-based theory, this paper has a certain significance: (1) the theory of rights-based help teachers subjectivity highlights; (2) rights-based theory also helps to enhance the overall teachers' occupational status. However, the author believes that in view of the significance of the special nature of the teaching profession, teachers' professional and moral construction of teachers' groups and even the whole society, the rights-based theory does not apply in dealing with the problem of teachers' rights and obligations. Mainly due to: (1) rights-based publicity teachers unlimited freedom to exclude legitimate intervention of the state power of education; (2) the right standard of teachers will lead to self-interest, money worship, not conducive to the building of professional ethics of teachers. And then put forward their own point of view, should adhere to both deal with the relationship of teachers' rights and obligations both toward balance. And from the perspective of the concept of justice, economic theory, educational management analysis of why the teachers' rights and obligations toward balance. The second part of the imbalance between the rights and obligations of teachers practice contemplation, to solve the problem of the relationship between teachers' rights and obligations actual \Article first examine the situation of teachers' rights and obligations of the various historical periods, come to the concept of the rights and obligations of ancient China teachers and institutional three characteristics: (1) the rights and obligations of teachers overall serious imbalance; (2) teachers, political, spiritual treatment a serious imbalance in the interests of the substance; (3) Central Official Teachers rights and local officials to learn a serious imbalance in the rights of private school teachers. And analysis of its political and economic reasons. And certainly since the founding of our teachers ought rights, legal rights, rights situation actually have a greater degree of improvement under the premise that our teachers' rights and obligations in general is still in a trend of imbalance, and this imbalance in the final analysis or imbalance of obligation to a fixed tradition, that the obligation of teachers prominent relative loss of rights. The third part is the study of teachers' rights and obligations towards balanced legal path to solve the problem of teachers how to strike a balance of rights and obligations \The article pointed out that, for now, the imbalance between the rights and obligations of correcting teachers partial, and its essence is still the problem of how to protect the rights of teachers to undertake the above. Problems were analyzed from all aspects of legislation, law enforcement, the Franco-Prussian legal remedies in law, explores solve the problem, the protection of the rights of strategies and approaches. Finally, the article concluded: Teachers should move towards a balance of rights and obligations. To correct obligations first set of partial, teachers legitimate material needs should be recognized, the dominant position should be established; same time, to strengthen the moral construction of teachers to prevent their rights and obligations in the market economy today, rights-based Prevalence brought another An imbalance. In this study, the integrated use of literature search, historical research, logical reasoning, case studies and other methods.