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聘任制下高校教师权益的保障,是事业单位人事改革健康发展的必然要求,也是充分调动教师积极性、主动性、创造性,提高高校教学质量的关键。当前以行政救济为核心的申诉制度、人事争议仲裁制度和行政复议制度尚存很多不足,有必要把教师权益纳入司法救济,这对于切实保护教师合法权益,促进我国高等教育事业健康持续发展大有裨益。建议在司法审查制度构建上,需明确高校管理行为的可诉范围;确立有限审查原则,充分尊重高校的学术自治;在法律适用上谨慎对待高校管理文件。
Ensuring the rights and interests of university teachers under the appointment system is an inevitable requirement for the sound development of personnel reform in public institutions and also the key to fully mobilizing the enthusiasm, initiative and creativity of teachers and improving the quality of teaching in colleges and universities. At present, there are still many deficiencies in the appeals system, personnel dispute arbitration system and administrative reconsideration system with administrative remedies as the core. It is necessary to include teachers’ rights and interests in judicial remedies. This is of great significance to the effective protection of the legitimate rights and interests of teachers and the healthy and sustainable development of China’s higher education benefit. It is suggested that the construction of judicial review system needs to be clear about the scope of the prosecution of university management behavior; to establish the principle of limited review, to fully respect the academic autonomy of colleges and universities; to treat the management documents of colleges with caution in the application of law.