How to ensure that the basic rights and interests of teachers are not violated in the process of implementing the appointment system reform in colleges and universities

1. Radical reform in Peking University

On May 12, 2003, the Reform Plan of Peking University Teachers' Appointment and Promotion System (Draft for Comment) was distributed to all departments of Peking University. On June 16, the second draft for comments was published. The core contents of the reform plan are: First, efforts should be made to break the iron rice bowl of university teachers. According to the exposure draft, newly hired teachers should be lecturers for no more than 6 years, science and engineering teachers and medical teachers should be associate professors for no more than 9 years, and humanities and social sciences teachers should be associate professors for no more than 12 years. The lecturer and associate professor were promoted to associate professor and professor twice, but the school did not renew their contracts. Secondly, efforts should be made to solve the problem of academic inbreeding, let talents flow and enhance the competitiveness of disciplines. It is pointed out that all units and departments do not recruit teachers directly from the fresh graduates of their own units in principle. Lecturer positions are open for recruitment at home and abroad, and vacancies of associate professors and professors are realized through external recruitment and internal promotion, and the appointment is based on merit.

It can be seen from the reform plan that Peking University has obvious intention to strengthen its own institutional advantages so as to take the initiative in the new round of university competition. As the earliest university in China that initiated the breakthrough reform of personnel system, Peking University faced much more difficulties and disputes than its latecomers. As Peking University said, "gradual reform is easier to succeed. We can't expect to solve all the problems in the personnel system of colleges and universities through one reform. What is important is that we recognize the gap, clarify the direction and take the first step. "

2. The Doctrine of the Mean of Sun Yat-sen University

When the personnel reform plan of Peking University caused an uproar, the teacher appointment system reform of Sun Yat-sen University has been quietly implemented. The main contents of the teacher appointment system of Sun Yat-sen University include: the establishment and post setting of each department are carried out once every academic year; The appointment of teachers can be divided into "fixed-term appointment" and "non-fixed-term appointment", and only professors and some associate professors can get "tenure"; 3 years is an assessment period, and each teacher is assessed; Each department shall formulate the basic responsibility standards for teachers' posts in this department, including the provisions on workload. Sun Yat-sen University has made it clear that the personnel system reform will be promoted step by step. The implementation of the whole plan will be divided into three stages. The teacher series is about to begin. First, the existing teachers in the school will be assessed and the original posts will be hired, and then the required posts will be openly recruited in accordance with the prescribed requirements and procedures. Then the series, books and materials of management cadres and engineering experiments; Investigate and plan the medical series, and then implement it according to the new regulations.

The same is to break the "iron rice bowl" and life tenure of college teachers. The two reforms of Peking University and Sun Yat-sen University, one north and one south, have been endowed with metaphors of "radical" and "moderate", "stormy" and "gentle and drizzling" by the outside world. Professor Ren Jiantao, deputy dean of the School of Political and Public Affairs Management of Sun Yat-sen University, pointed out that at present, the faculty establishment of Peking University is full or even surplus, and most colleges of Sun Yat-sen University are still short of staff, so the reform of Peking University is also called "downsizing", while the reform of Sun Yat-sen University can be said to be "increasing staff". Relatively speaking, the resistance encountered by Sun Yat-sen University is relatively small.

3. Gradual reform of Huazhong University of Science and Technology

The reform of Huazhong University of Science and Technology is between Peking University and Sun Yat-sen University, and the appointment system was implemented in 2004. Its work is divided into two stages: one is the stage of departmental study, discussion and preparation; Then there is the stage of fully starting and completing all appointments. In order to actively promote and steadily implement the teacher appointment system, under the premise of meeting the basic spirit of the teacher appointment system, the first appointment is mainly to establish rules and regulations and enter the system. Promoting the appointment system of teachers requires people-oriented, humanistic care and respect for human dignity and value.

The provisions in the implementation of the teacher appointment system are as follows: 1. Time definition of statistical academic performance in academic evaluation. In 2004 and 2005, the academic achievements of those who applied for the post of teacher at the next higher level were still calculated according to their current positions, and the appointments after 2006 were calculated according to their achievements in the last five years. Second, in the first teacher appointment, although the school will not sign an open-ended contract with the hired teachers for the time being, the school will safeguard the legitimate rights and interests of teachers who have worked in Huazhong University of Science and Technology for 25 years or have worked in the school continuously for 10 years and are less than 10 years from the retirement age stipulated by the state, and retain their personnel relations with the school. Third, in the preparation stage from the end of September to the end of 10, all departments should comprehensively consider, put forward accurate staffing and number of posts, look at the problem from a development perspective, and make good use of human resources.

Second, the background analysis of China's teacher appointment system

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China's teacher appointment system was formed in the early days of the founding of the People's Republic of China. Due to the influence of the former Soviet model, the recruitment, appointment and deployment management of teachers are carried out through planning and administrative forms and means. The teacher appointment system formed under the planned economy adapted to the social, economic and political system at that time and played a positive role in the development of education in China. However, with the initial establishment of the socialist market economic system and its requirements for educational reform and development, the disadvantages of this system are becoming more and more prominent, mainly in three aspects: First, the employment form is rigid. The current fixed employment form reduces the autonomy of school employment and teachers' right to choose schools, ignores the relationship between teachers and schools, and teachers' work lacks strict post responsibilities, resulting in the phenomenon of doing well and doing poorly, doing more and doing less. Second, the flow channel is not smooth. Simple administrative means make the situation of talent departments and units serious, and those who want to get in can't get in, and those who want to get out can't get out. At present, it is difficult for outstanding talents with a single source of teachers and rich practical experience to enter the teaching team, while those who are not suitable for teaching work cannot get out. The structural overstaffing of personnel is serious, resulting in a situation in which no one has anything to do and no one has anything to do. Third, lack of competition awareness. In the past, the centralized and unified management mode lacked flexibility and autonomy, which made teachers form an incorrect "sense of security" fixed in a post for a long time and could not actively adapt to the requirements of post changes. There is a serious mismatch between people and posts, and some people are not suitable for posts, and those with posts are not allowed to be people. The existence of these problems makes the use of human resources in schools inefficient, and the enthusiasm and creativity of teachers can not be fully mobilized and brought into play. In order to further deepen the reform of education and personnel system, establish a personnel management system adapted to the reform of socialist market economic system, political system, scientific and technological system and the development characteristics of the school itself, and effectively protect the legitimate rights and interests of schools and teachers, it is necessary to implement the teacher appointment system.

2. Legal background

Since the founding of the People's Republic of China, under China's planned economy system, although schools are a kind of public institutions, teachers are not school employees, but national staff, who have the professional status of "national cadres" and have been included in the management series of national administrative cadres. In the way of appointment, the state mainly adopts policies to implement a unified system of distribution and management of personnel for teachers. The personnel relationship between schools and teachers is basically established and changed by the educational administrative organs representing the country through administrative forms according to plans and indicators. Schools exist only as executive organs of state functions and powers, not as employment subjects. This position and appointment of teachers makes it difficult to maintain the legal relationship between teachers and schools, so that there is almost no actual relationship between teachers and schools. However, with the establishment of the socialist market economic system and the deepening of the reform of the personnel system, the inherent problems of this employment system began to appear day by day. The basic idea and ultimate goal of personnel system reform in public institutions is to change the way of managing the personnel of public institutions by managing the staff of state organs, cancel the administrative level of public institutions, correspondingly cancel the administrative level of public institutions or determine their treatment according to the administrative level, and gradually establish a new personnel appointment system full of vitality.

Thirdly, the practice and controversy of teacher appointment system.

1. The appointment system of college teachers is a teacher management system determined by the state in legal form. It is a teacher appointment system in which universities and teachers confirm their positions, responsibilities, rights and obligations in the form of contracts on the basis of equality and voluntariness. 1993 "Teachers Law" stipulates for the first time in the form of law that "schools and other educational institutions should gradually implement the teacher appointment system". 1995, the education law stipulates in the form of a basic law: "The state implements a system of teacher qualification, post and appointment, and through examination, reward, training and exercise, improves the quality of teachers and strengthens the construction of teachers." 1998 promulgated the "higher education law" article 48 stipulates: "institutions of higher learning implement the appointment system for teachers." At this point, the appointment system of college teachers has entered the legal track.

Since 2. 1999, many colleges and universities have carried out personnel system reform and implemented teacher appointment system, but the effect is not satisfactory. The actual appointment system is far from the natural teacher appointment system, and the original intention of implementing the appointment system has not been achieved. There has even been a phenomenon of "pulling relationships and going through the back door" in the name of "selecting the best" in the appointment system. This will not only fail to inspire outstanding people, but also discourage those who work hard. Of course, it will not form the situation of "survival of the fittest" expected by the appointment system, nor will it fully establish a benign employment incentive mechanism of "being able to enter and leave, being able to go up and down", and it will not reflect the concept of "equality, voluntariness, marketization and contract" of the appointment system. In practice, the appointment system still has a very strong administrative color, that is, the administrative legal relationship between schools and teachers is still the relationship between orders and implementation, decision-making and obedience, coercion and coercion.

3. After the implementation of the teacher appointment system, it caused great controversy. Some scholars have raised two questions about the reform of Peking University: First, the personnel reform of Peking University is only teaching and scientific research, but the party and government management is not. Of course, teaching and scientific research is the main body of the school, and it is much easier to reform than party and government logistics management. However, if the reform of the party and government management system fails to keep up, it will cause injustice and great dissatisfaction among the front-line teachers of teaching and scientific research. If the system is unfair, it will be difficult to balance the fairness of the whole situation. Moreover, once this dissatisfaction is accumulated in the same campus, the degree of its rebound will be unpredictable. Secondly, who will evaluate it? If the evaluation subject does not overcome some disadvantages in the qualification examination of professors, it will damage the scientificity, fairness and impartiality of the evaluation. As a core spirit of the reform of teaching and personnel system in Peking University, "leave without promotion" is even more prominent. At present, there are some disadvantages in the professor qualification examination. Greetings and human exchanges often occur. A judging professor sometimes receives as many as a dozen messages or phone calls to intercede for someone. There is also a question of measuring qualifications. Nowadays, many universities and places introduce material production into the spiritual field, introduce the laws of market economy into academic evaluation, evaluate teachers like pieceworkers, and transform papers, scientific research achievements and teaching into component value, but after all, knowledge production is different from material production.

Four, some thoughts on the healthy development of the teacher appointment system

1. Improve education laws and regulations. Due to the unequal provisions of the current education laws and regulations on the rights and obligations of universities and teachers, and the dual status of universities as managers and appointees, there is formal equality but de facto inequality in the employment of university teachers. Therefore, only by perfecting the current education laws and regulations, strengthening the supervision of the appointment and dismissal rights of colleges and universities, and clarifying the legal basis for the application of the teacher appointment system, can the legal implementation of the teacher appointment system be guaranteed.

Perfecting the appointment system of college teachers is an important part of China's higher education reform, and it is also the only way to overcome the existing problems of the appointment system of college teachers. From the legislative point of view, it is necessary to revise and supplement the relevant laws and regulations in the education law and formulate administrative regulations, local regulations, administrative regulations and other subordinate regulations in time. In the process of standardizing the appointment system of teachers in colleges and universities, the current education law still does not get rid of the traditional value orientation of "management theory", and understands education law more as management law than rights protection law; More from the concept of improving management efficiency, rather than from the perspective of maintaining fairness and justice. From the perspective of legal supervision, strengthening the supervision of the appointment and dismissal right of colleges and universities is an effective way to ensure the fairness, justice and openness of the appointment process. The appointment of teachers is a legal right given to colleges and universities by law. In order to prevent colleges and universities from infringing on the legitimate rights and interests of teachers in the process of exercising this right, it is essential to supervise the appointment and removal right of colleges and universities according to law. Judging from the current governance structure of colleges and universities, teachers' congress is the main form and basic way for teachers to exercise democratic rights and participate in democratic management. In order to effectively supervise the power of colleges and universities and prevent the abuse of power in colleges and universities, on the basis of existing educational laws and regulations, we should clearly define the rights and obligations of the faculty congress, the method of producing faculty representatives, the proportion of administrators, teachers, students and other employees, and the organizational procedures of the faculty congress, so as to prevent colleges and universities from abusing their discretion and infringing on the rights and interests of teachers and other employees.

2. Establish a fair and reasonable flow mechanism. Combined with China's national conditions, we can gradually establish a diversified teacher employment system at this stage, including lifelong employment, long-term employment and short-term employment, and even part-time teachers or curriculum teachers. The teacher appointment system provides convenience for excellent teachers to enter famous schools and good schools, but it also makes the weak schools fall into an embarrassing situation where it is difficult to further develop, which further worsens the educational equity in China. Therefore, it is necessary to establish a reasonable teacher flow system. In this regard, Japan's approach is worth learning. Although Japan is an economically developed country, not all regions in Japan have the same level of economic development. In other words, Japan also has the problem of unbalanced economic development. However, the running conditions of every school in all regions of Japan are almost at the same level. The only possible change in the level of teachers is also balanced by legal provisions. Japanese law stipulates the maximum number of years each teacher can teach in a school. However, we must have the support of social environment to learn from this practice. First of all, the development of education requires a lot of investment in education funds. Secondly, relevant departments must have a long-term vision and be familiar with population data. According to the stable population, the stock of reserve teachers is determined to realize the optimal combination of ages and avoid faults. Third, the treatment of teachers has formed a unified standard throughout the country, no longer sticking to the statement that teachers' salaries are not higher or lower than those of civil servants in the Teachers Law. Raise the salary level of teachers to the level equivalent to that of civil servants, and form an atmosphere of envy of teachers' profession in the whole society. Fourth, reform the existing household registration system, dilute the awareness of household registration, remove the personal shackles of teachers, and let teachers choose employment and flow reasonably without the influence of regional differences.

3. Increase investment in education funds. Insufficient education funds can't attract outstanding talents, which is also a major problem facing the current teacher appointment system. With a series of reforms in colleges and universities, the teacher appointment system must be carefully operated. Because China, after all, is used to the "arranged" education system for decades, people's psychological and external conditions are not fully prepared. For example, the policy of encouraging enterprises to sponsor colleges and universities, and the elimination mechanism within and between schools. , all need to be carefully established. Otherwise, the achievements of education reform can not be guaranteed, and the teacher appointment system can hardly play its due role. The Education Law defines the important standards of "the state establishes a system with financial allocation as the main part, supplemented by other channels to raise education funds" and "three growth" of educational financial allocation. 1Article 60 of the Higher Education Law promulgated in August, 1998 clearly stipulates: "The people's governments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of Article 55 of the Education Law, ensure that the state-sponsored higher education funds increase year by year." Fixing the government's principles and policies on education investment in the form of law not only fully embodies the interests of the people and the will of the country, but also has the normative and mandatory nature of the law.