保障与限制之间：高校教师兼职活动的法律规制研究

Between Assurance and Restriction： Research on Legal Regulation of Teachers? Part-time Activities in Universities and Colleges

Legal regulation of university and college teachers engaged in part-time activities in two major legal systems represented by the United States and Germany follow common principles and concepts while reflect certain differences. In the United States， various types of interest conflicts or commitment conflicts in part-time activities can be resolved through the continuing interaction of external regulations (including public and private) and internal regulations (including employment contracts， faculty handbook， and other university rules). In Germany， based on the coordination and complementarity of ^state law” and “autonomy law”，the principle of ^balance among different tasks” not contradictory to the “3art- ttme task” and ^professional task” in part-time activities of university and college teachers has been established. When “part-time task” of university and college teachers belongs to the category of knowledge and technology transfer activities， tt is protected by the constitutional basic right to academic freedom. Obviously， the two major legal systems are committed to avoiding the objective or potential interest conllicts， commitment conllicts and “task imbalances” in university and college teachers’ part-time activities， in order to achieve dynamic balance of multiple interests including public interest， interests of universities and colleges as well as the legitimate rights and interests of teachers. The legal regulation of university and college teachers’ part-time activities in our country should return to the logical starting point of “task framework of universities and colleges” and deal with teachers’ part-time activities through “typification” and “contextualization” to guarantee university and col^ge teachers’ part-time activities in accordance with laws and rules appropriately.