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当前,从总体上来说,我国教师的社会地位并不算高,不利于吸引高素质的优秀人才长期从教、终身从教,更不利于教育事业的长期健康稳定发展。教师的法律地位与教师的社会地位紧密相关,它是以法律形式规定的教师在各种社会关系中的位置,主要涉及教师的职业性质、权利与义务、教师与国家的关系、教师与学校的关系、权益保障等方面。但是,我国教师的法律地位非常不明确,在法律调节上处于空白地带,影响了教师权利、义务和责任的落实,也使得我国教师缺乏法律救济途径,合法权益无法得到保障。作者建议以立法形式对于不同阶段、不同性质的教师法律地位进行明确。
At present, the overall social status of teachers in our country is not high, which is not conducive to attracting high-quality and talented people long-term education and lifelong education, but not conducive to the long-term, healthy and stable development of education. The teacher’s legal status is closely related to the teacher’s social status. It is a teacher’s position in various social relations stipulated by law. It mainly concerns the professional nature of teachers, their rights and obligations, the relationship between teachers and the state, the relationship between teachers and schools Relations, rights and interests protection and so on. However, the legal status of teachers in our country is very unclear. It is in a vacancy in the regulation of law that affects the implementation of teachers’ rights, obligations and responsibilities. It also makes our teachers lack of legal remedies and their legitimate rights and interests can not be guaranteed. The author suggests that the legal status of teachers of different stages and different qualities should be clarified by legislation.