《教师法》通过确立教师的参与管理权,推进了学校决策走向民主、科学;确立教师职业的专业人员身份,促进了教师专业化发展;确立教师聘任制与考评制,推动了教师管理的规范化。作为承担国家公共教育职能,在学校中专门从事教育教学活动的人员,教师职业不可避免地同时具有公共性与自主性。完善教师立法,必须对教师职业的内在要求与品质作必要考量,协调教师职业公共性与自主性的冲突,有效解决教师权利保障不力、义务难以规范的问题。 The “Teachers Law” has promoted the decision-making of schools towards democracy and science by establishing the teachers’ right to participate in management. The establishment of the professional status of teachers in professions has promoted the professional development of teachers. The establishment of teacher appointment system and appraisal system has promoted the standardization of teacher management . As a national public education undertaking, specialized in education and teaching activities in schools staff, teachers and professions inevitably have both public and autonomy. To perfect the teacher’s legislation, we must make necessary consideration to the internal requirements and qualities of the teachers’ profession, coordinate the conflicts between the publicity and the autonomy of the teachers’ professions, and effectively solve the problems that teachers’ rights are not guaranteed and obligations difficult to be regulated.