美国大学章程中的教师权利与责任研究
发布时间：2019-02-14 23:20
【摘要】：随着《高等学校章程制定暂行办法》的颁布,近年来,我国大学章程的制定如火如荼地进行,各大学陆续出台了本校的大学章程。美国大学章程是美国高等教育依法治校的依据和必然产物,也是大学成员合法权益保障的“最高法”。本文选取了康涅狄格大学等16所美国大学的大学章程作为研究对象,以文献法、比较法为研究方法,通过对16部大学章程文本进行比较、分析、归纳,就章程中教师的权利、责任以及相应的维权和问责流程的内容进行梳理并得出特点,结合我国大学章程中教师权利与责任的现状,试图为我国大学完善教师权利与责任体系提供一些启示。笔者分别从教师权利和教师责任两个维度对16部美国大学章程的文本进行研究,接着,就教师权利与责任相应的维权和问责流程对16部美国大学章程进行研究和梳理。通过研究发现:美国大学章程条款中集中涉及到平等权等11项教师权利,章程中教师权利的规定具有参与广泛、规定具体、各有特色的特点。美国大学章程中的教师责任包括自我责任、对他人的责任和社会责任三类,章程中教师责任的规定体现出责任与权利相伴、内容系统具体、重视社会责任的特点。美国大学章程中教师维权和问责的规定的特点是有独立的受审机构、整个流程规范具体、教师权利授予充分。鉴于此,笔者对所选取的10部我国大学章程中的教师权利、责任及相应的维权和问责机制进行分析,发现我国大学章程存在教师权利和义务内容不够具体和全面、校内维权和问责机制不够健全等问题,最后提出为完善我国大学教师权利与责任体系的经验和启示。
[Abstract]:With the promulgation of the Provisional measures for the Establishment of the articles of Association of Colleges and Universities, in recent years, the constitution of universities in our country is in full swing, and each university has issued its university regulations one after another. The constitution of American universities is the basis and inevitable product of American higher education governing by law, and it is also the supreme law of protecting the legitimate rights and interests of university members. This paper selects the articles of association of 16 American universities such as the University of Connecticut as the research object, takes the literature law and the comparative law as the research method, through carries on the comparison, the analysis, the induction to 16 university charter texts, summarizes, regarding the teacher's rights in the charter. The content of responsibility and the corresponding rights and accountability processes are combed and the characteristics are obtained. Combined with the status quo of teachers' rights and responsibilities in the university charter of our country, this paper tries to provide some enlightenment for our universities to perfect the system of teachers' rights and responsibilities. The author studies the texts of 16 American university statutes from the two dimensions of teacher rights and teachers' responsibilities. Then, the author studies and combs the 16 American university statutes on the corresponding rights and responsibilities of teachers' rights and responsibilities. Through the research, it is found that 11 items of teachers' rights such as equal rights are involved in the articles of association of American universities, and the provisions of the articles of association have the characteristics of extensive participation, specific provisions and distinctive features. The teacher's responsibility in the charter of American university includes three kinds: self-responsibility, responsibility to others and social responsibility. The regulation of teacher's responsibility in the charter embodies the characteristics of responsibility and rights, concrete content system and attaching importance to social responsibility. The characteristics of the regulation of teachers' rights and accountability in American university charter are that there are independent institutions of trial, the whole process is standardized and concrete, and the teachers' rights are granted adequately. In view of this, the author analyzes the teachers' rights, responsibilities and corresponding rights and accountability mechanisms in the 10 articles of association of our universities, and finds that the contents of teachers' rights and obligations are not specific and comprehensive enough. The internal rights protection and accountability mechanism is not perfect. Finally, the author puts forward the experience and inspiration for perfecting the system of university teachers' rights and responsibilities.
【学位授予单位】：四川外国语大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：G647
[Abstract]:With the promulgation of the Provisional measures for the Establishment of the articles of Association of Colleges and Universities, in recent years, the constitution of universities in our country is in full swing, and each university has issued its university regulations one after another. The constitution of American universities is the basis and inevitable product of American higher education governing by law, and it is also the supreme law of protecting the legitimate rights and interests of university members. This paper selects the articles of association of 16 American universities such as the University of Connecticut as the research object, takes the literature law and the comparative law as the research method, through carries on the comparison, the analysis, the induction to 16 university charter texts, summarizes, regarding the teacher's rights in the charter. The content of responsibility and the corresponding rights and accountability processes are combed and the characteristics are obtained. Combined with the status quo of teachers' rights and responsibilities in the university charter of our country, this paper tries to provide some enlightenment for our universities to perfect the system of teachers' rights and responsibilities. The author studies the texts of 16 American university statutes from the two dimensions of teacher rights and teachers' responsibilities. Then, the author studies and combs the 16 American university statutes on the corresponding rights and responsibilities of teachers' rights and responsibilities. Through the research, it is found that 11 items of teachers' rights such as equal rights are involved in the articles of association of American universities, and the provisions of the articles of association have the characteristics of extensive participation, specific provisions and distinctive features. The teacher's responsibility in the charter of American university includes three kinds: self-responsibility, responsibility to others and social responsibility. The regulation of teacher's responsibility in the charter embodies the characteristics of responsibility and rights, concrete content system and attaching importance to social responsibility. The characteristics of the regulation of teachers' rights and accountability in American university charter are that there are independent institutions of trial, the whole process is standardized and concrete, and the teachers' rights are granted adequately. In view of this, the author analyzes the teachers' rights, responsibilities and corresponding rights and accountability mechanisms in the 10 articles of association of our universities, and finds that the contents of teachers' rights and obligations are not specific and comprehensive enough. The internal rights protection and accountability mechanism is not perfect. Finally, the author puts forward the experience and inspiration for perfecting the system of university teachers' rights and responsibilities.
【学位授予单位】：四川外国语大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：G647
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