教师专业发展权利:海峡两岸的比较

Comparing the Jurisprudence of Teachers’Ｒights to Professional Development in Taiwan and Mainland China

这是一个权利的时代。权利语言与权利设制对于一个常态社会越来越起到结构性和决定性作用。教师法的颁行是对教师政治地位与法律地位的双重确认，是对教师权益的法制化保障，具有重大进步意义。但在教育法治迟滞发展的大背景下，立法技术与法精神的积淀不足，教师法在教师专业权利义务上不够明晰，对作为影响教师发展的重要因素的行政主管部门的权力缺少规制，体现出较为明显的国家权力本位，减损了教师法为教师专业发展赋权增能之功效，影响到教师普遍而基本的专业发展的权利。

This is an era when rights are commonly recognized． Discourse on rights and mechanisms for rights have increasingly played a structural and decisive role in a normalized society． The enactment of the Teacher Laws is a double confirmation for teachers’politic and legal status，ensuring teachers’interests legally． It is also a significant progress in its own right． However，against the background of the sluggish development of ruling by education laws，there are some problems with the Teacher Laws in mainland China，such as inadequate accumulation of legislative technique and spirit of laws，fuzzy regulations of teachers’rights and responsibilities， lack of constraints on the executive departments that have great impacts on teachers’development， dysfunction of the teachers laws (i． e． ，expressing the wills of the state and the executive departments instead of empowering teachers and improving their abilities)． As a result，teachers’normal and basic rights to professional development have been negatively affected．