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教师的法律地位是指通过教育法律法规确认的教师的职业地位、法律人格和教师的权利义务。文章通过对教师法律地位的理论分析把教师法律地位界定为“准公务员”。教师的权利义务是教师法律地位的具体体现。《中华人民共和国教师法》规定的教师权利义务已经存在缺陷,不适应现代教育理念和目标的需要,只有提高教师待遇,健全教师权益的保障机制,明确教师法律地位并完善教师的申诉制度才能保障教育的持续、可靠发展。
The legal status of teachers refers to the teachers ’occupational status, legal personality and teachers’ rights and obligations as confirmed by the laws and regulations on education. The article defines the legal status of teachers as “prospective civil servants” through the theoretical analysis of the legal status of teachers. Teachers’ rights and obligations are the concrete manifestation of the legal status of teachers. Teachers’ rights and obligations stipulated in the Teachers Law of the People’s Republic of China have flaws and do not meet the needs of modern educational concepts and objectives. Only by improving teachers’ treatment, improving the safeguard mechanism for teachers’ rights and interests, clarifying the legal status of teachers and improving teacher appeals system can they be protected The continuous and reliable development of education.