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随着国家法制化进程的加快,依法治教、依法治校已成为公办大学改革的重要目标之一。这一目标也是我国高校教师人事制度改革的基本方向。在此过程中,虽然教师的聘任合同正成为公办大学的一种新的人事关系契约方式,但公办大学与教师之间的法律关系仍然存在一些界限不清、权责模糊的现象,从而制约学校的发展。德国的经验可以为我们破解公办大学与教师在法律关系存在的难题提供一种可行的思路。
With the speeding up of the national legal system, administering education according to law and governing the university according to law have become one of the important goals of public university reform. This goal is also the basic direction for the reform of the personnel system of college teachers in our country. In this process, although the contract of appointment of teachers is becoming a kind of new contractual contractual way of public relations at public universities, the legal relationship between public universities and teachers still has some unclear boundaries and confused powers and responsibilities, thus restricting schools development of. The German experience can provide a viable way of thinking for us to solve the problems existing in the legal relations between public universities and teachers.