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教师聘任合同体现了契约的平等性、合意性,是法律赋予教师对抗权力、对权力运行加以限制的方式。作为国家发展教育、完善教育管理的手段,教师聘任合同同时又体现了必要的权力因素,作为签约人一方的学校、教育行政部门单方行使监督和指挥合同履行权、单方变更或解除合同权、对违反合同规定的教师的制裁权等。立法上,一方面要通过程序和制度规范和控制权力;另一方面,要确立教师聘任合同订立与实施中的基本原则,既要坚持契约伦理,又要恪守公共行政精神。
The contract of appointment of teachers reflects the equality and desirability of contract, which is the way that law gives teachers the power to confront and limit the operation of power. As a means of developing education and improving education management in the country, the appointment of teachers at the same time reflects the necessary power factors. The schools and educational administrations acting as signatories exercise the power of unilateral supervision and performance of the contract, and change or terminate the contractual rights unilaterally. Violation of contractual sanctions by teachers and others. In legislation, on the one hand, it is necessary to regulate and control the power through procedures and systems; on the other hand, to establish the basic principles for the conclusion and implementation of the contract of teachers, it is necessary to uphold the ethics of contract and adhere to the spirit of public administration.