公立中小学教师聘用合同的法律性质及其司法救济

The Legal Status of Employment Contract of Public School Teachers and Its Legal Remedy

The legal status of employment contract of public school teachers is not clear， which can be detrimental to the protection of legal rights of teachers. New Regulations on the Personnel Management of Public Institutions and the Amendment to the Administrative Litigation Law provide an institutional foundation to solve this problem. The author maintains that employment contract of public school teachers is an administrative contract. Accordingly， disputes on it should be brought into court and procedural issues should be regulated by the new Judicial Interpretation on Administrative Litigation Law.