高校教师聘任制中高校与教师的法律关系研究
A Study on the Legal Relationship between Universities and Teachers in the Appointment System of University Teachers

高校教师聘任制作为一种符合现代化教育需求的管理模式，对提升我国高等教育质量具有重要作用。然而高校与教师间的法律关系存在劳动关系说与行政关系说的对立，两类主体间的法律关系难以界定，并导致了高校管理权力未能有效明确与高校与教师的法律地位严重失衡这一现实矛盾。应从构建复合劳动关系理论、明确高校权力边界与完善法律救济出发构建公正和谐的高校与教师法律关系。
As a management model that meets the needs of modern education, the appointment system for university teachers plays an important role in improving the quality of higher education in China. However, the legal relationship between colleges and universities and teachers exists the opposition between the labour relationship theory and the administrative relationship theory, which makes it difficult to define the legal relationship between the two types of subjects and leads to the contradiction between the management power of colleges and universities and the legal status of colleges and universities and teachers, which is seriously imbalanced. Should be constructed from the construction of complex labour relations theory, clear university power boundaries and improve the legal remedies to build a fair and harmonious legal relationship between colleges and teachers.