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从发生学角度看,高校与教师的法律关系起源于一定人事制度。在计划经济时代,高校与教师的法律关系是行政管理法律关系,即国家干部身份的认定。随着市场经济体制及其观念的发展,我国高校与教师的法律关系从身份关系向契约关系转变,实质为行政合作法律关系。协商合作关系通过高校与教师之间的聘任合同实现。根据我国人事制度分类管理原则和现代行政法精神,聘任合同的性质为行政合同,所以高校与教师之间为平等法律主体。
From the perspective of genesis, the legal relationship between colleges and teachers originated from a certain personnel system. In the era of planned economy, the legal relationship between universities and teachers is the legal relationship of administration, that is, the identification of state cadres. With the development of the market economy system and its concept, the legal relationship between universities and teachers in our country changes from the status of identity to the contractual relationship, which is essentially the legal relationship of administrative cooperation. The consultative and cooperative relationship is realized through the employment contract between the university and the teachers. According to the principle of classification management in our personnel system and the spirit of modern administrative law, the nature of the employment contract is administrative contract, so the main body of equality between colleges and universities and teachers is equal.