公立高校与教师的法律关系——以特别权力关系为视角

特别权力关系是行政法的一个重要理论,对此我国理论界已有广泛、深入的研究,但公立高校与教师之间法律关系的性质如何确定在理论上还存在一定的分歧,有观点认为二者是民事合同关系。本文试图从特别权力关系的角度来审视我国公立高校与教师之间的法律关系。

The Legal Relationship between Chinese Public Higher Educational Institutions and Their Teachers ---With the Special Power Relationship Perspective

The special power relationship is an important theory in administrative law.We have research on it for a long time,and we have known its faultiness.In fact,our legislation and legal practice have been influence by it.But there are still some differences about how to determine the legal nature of the relationship between the special public colleges and their teachers,some people regard it as a civil relationship.This paper attempts to examine the legal relationship between the special public colleges and their teachers from the perspective of power relations.