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高等学校教师博士研究生学历进修协议性质上不属于《劳动合同法》上的专项培训协议,在高校不负有法定培训义务情况下,该协议如果不属于人事专项培训协议,则该协议也不属于人事培训协议。文章认为基于此类协议与培训本身仅有事实的关联而无法律上的关联,此类协议性质上应认定为普通民事资助协议。对于协议中的违约金条款仅应适用《合同法》有关违约金的法律规则。
In the nature of the doctoral degree education contract for university teachers does not belong to the “labor contract law” in the special training agreement, the university does not bear the statutory training obligations, the agreement if it does not belong to the personnel training agreement, the agreement does not belong to Personnel training agreement. The article argues that there is no legal connection based on the fact that such agreements have only a factual relationship with the training itself, and such agreements should, by their nature, be recognized as ordinary civil funding agreements. For the clause of liquidated damages in the agreement, only the legal rules of “Contract Law” on liquidated damages should be applied.