The obligation of "constantly improving ideological awareness and teaching level" is actually the basic requirement of the state for teachers to continuously improve their own quality. At present, we are at a critical moment when the old and the new alternate. With the development of history, competition has become the characteristics of the times, and the core of all kinds of competition is the competition of talents. Therefore, as a team of teachers who train talents, it determines the quality of cross-century talents. Only high-level teachers can cultivate high-quality talents. Judging from the urgency of improving teachers' quality, Teacher Law is the obligation of people's teachers to "continuously improve their ideological consciousness and teaching level".
The general trend of contemporary world development is internationalization, informationization and human culture. It is not enough to talk about the first two. Human culture is an important trend. Since 1980s, the report "The Country is in Crisis" submitted to the White House by the American High Quality Commission exclaimed that the fundamental reason for the worrying quality of education and teaching is the decline of teachers' quality.
Based on the research reports such as "Countries Equipped with Teachers in the 20th Century" and "Teachers of Tomorrow", some important measures to improve teachers' level were put forward, and many developed countries followed suit. For example, Britain submitted a white paper on improving teachers' quality, Japan put forward a report on measures to improve teaching quality, and France, Germany and the former Soviet Union all set off a big wave of education reform around the 1980s.
Then from the requirements of future society, future education and future talents for teachers' quality. The future information society will greatly change our production mode, work mode, lifestyle and even learning mode due to the three characteristics of high speed, multimedia and multi-network. The future educational modernization is lifelong, socialized, internationalized, personalized, individualized, comprehensive and informational education. However, to "transform" that, that and that, we must first "transform" people, then "transform" things, then "transform" software and then "transform" hardware. The biggest challenge facing education is not technology or teaching equipment, but teachers' ideas, ways of thinking and humanistic quality. Teachers' views on education, teaching and quality are particularly important. Because "the teacher is an influential authority sage". (Kalinin)
Second, the relationship between teachers' rights and obligations
(A) the rights and obligations of teachers are unified and inseparable. No rights, no obligations, no obligations, no rights. The unity of rights and obligations has two meanings. On the one hand, it is the unity of rights and obligations, that is, legal relationship; The second is the unity of rights and obligations of both parties in legal relations. While the law endows the subject of legal relationship with rights, it must also stipulate its obligations. This right and obligation are corresponding, and this is no different from this. In the process of law enforcement, teachers should not only enjoy rights, but also earnestly perform their obligations. While giving rights to one party in a legal relationship, the law actually stipulates the obligations of the other party; Or vice versa, Dallas goes to the auditorium. For example, Article 7 of the Teachers Law stipulates: "Teachers have the right to carry out educational and teaching activities and carry out educational and teaching reforms and experiments." At the same time, Article 9 of the Teachers Law correspondingly stipulates the obligations of people's governments at all levels, educational administrative departments and relevant departments, schools and other educational institutions, namely, "providing educational and teaching facilities and equipment that meet national security standards" and "providing necessary books and other educational and teaching supplies".
(2) On different occasions, the rights and obligations of teachers cross each other and can be transformed into each other.
Rights and obligations are not absolute, sometimes rights are obligations. For example, the Teachers Law stipulates that teachers have the right to "guide students' learning and development, and evaluate students' conduct and academic performance". This right is actually a teacher's obligation. If a teacher does not seriously guide students' learning and development, and does not seriously evaluate students' conduct and academic performance, it means that he has not fulfilled his legal obligations well, which is his dereliction of duty. Another example is the Teachers Law, which stipulates that teachers have the obligation to "constantly improve their ideological and political awareness and education and teaching level, which is actually the right of teachers. It just appears in the form of obligation. It should be said that this is a higher requirement for teachers, and it has changed the current situation that the overall quality of teachers in China is not high. If any organization or individual prevents teachers from receiving continuing education and training, teachers may request to protect their legitimate rights and interests according to the sixth paragraph of Article 2 of the Teachers Law.
(A) the meaning of teachers' rights
The legal rights of teachers are divided into two parts, one is the rights that teachers enjoy as ordinary citizens, and the other is the rights that teachers enjoy as educators. As ordinary citizens, teachers enjoy the basic civil rights stipulated by the Constitution, such as citizens' political rights, religious beliefs and freedoms, social and economic rights, cultural and educational rights and so on. As professionals, teachers enjoy special rights in education and teaching activities. This is a professional legal right. And the teachers' rights we are talking about here are aimed at teachers' professional rights.
Teachers' rights refer to the rights and interests that teachers enjoy according to law in education and teaching activities, and are the permission and guarantee for teachers to do or not do certain behaviors and ask others to do or not do certain behaviors accordingly. Teachers' legal rights include teachers' right to perform certain behaviors and the right to require obligors to perform their obligations. When teachers' rights are infringed, they have the right to resort to the law and demand confirmation and protection of their rights.
(B) the basic rights of teachers
With regard to teachers' rights, China's Education Law stipulates that teachers shall enjoy the rights and perform the obligations prescribed by law. China's "Teacher Law" has made specific provisions on this. According to the Teachers Law, teachers in China enjoy the following basic rights:
1, education and teaching activities, education and teaching reform and experiment. It is called the right to education and the right to education. This is the most basic right of teachers. As teachers, they have the right to organize classroom teaching independently according to the specific requirements of their school's teaching plan and educational workload, combined with their own teaching characteristics; Have the right to determine the teaching content and progress according to the requirements of the syllabus, and constantly improve the teaching content; Have the right to reform and experiment the forms, methods and specific contents of education and teaching for different education and teaching objects. No one may illegally deprive in-service teachers of exercising this basic right. People who are not qualified as teachers do not enjoy this right. Although qualified as a teacher, for those who are not employed or fired, the exercise of this right is at a standstill and can only be exercised when they are appointed. If schools and other educational institutions dismiss teachers according to law, it is not an act of infringing teachers' rights.
2, engaged in scientific research, academic exchanges, to participate in professional academic groups, to express their opinions in academic activities. Referred to as scientific research right. This is a basic right enjoyed by teachers as professional and technical personnel. As teachers, they have the right to conduct scientific research, technology development, write academic papers and books on the premise of completing the prescribed education and teaching tasks. Have the right to participate in relevant academic exchange activities, participate in academic organizations established according to law and work part-time in them; Have the right to express their academic views in academic research and carry out academic contention. Teachers should pay attention to the relationship between teaching and scientific research when exercising this right, so that they can complement each other and better improve the quality of education and teaching.
3. Guide students' learning and development, and evaluate students' conduct and academic performance. Management of students' rights. This is a basic right that is compatible with the teacher's dominant position in the process of education and teaching. As teachers, they have the right to teach students in accordance with their aptitude according to the educational laws and the characteristics of students' physical and mental development, guide their study in a targeted manner, and give guidance to their further studies and employment. Have the right to give an objective and fair evaluation of students' ideological and moral character, study, cultural and sports activities, labor and other aspects; Have the right to use the correct guiding ideology and scientific methods to fully develop students' personality and ability. When teachers exercise the right to manage students, they should pay attention to strengthening the management of students in all aspects, combine caring for students with strict requirements, and promote students' all-round development in morality, intelligence and physique.
4. Get paid on time, enjoy the welfare benefits stipulated by the state, and take paid holidays in cold departments. It's called the right to get paid. This is the basic material guarantee right of teachers. Teachers' salaries generally include basic salary, post salary, class remuneration, bonus, seniority allowance, class teacher allowance and other allowances. Welfare benefits mainly include teachers' medical care, housing, retirement and other benefits and concessions, as well as paid holidays in the cold department. As teachers, they have the right to ask their schools and their competent departments to pay wages and salaries in full and on time in accordance with the provisions of the national education law and the teacher employment contract; Have the right to enjoy the welfare benefits stipulated by the state. It is necessary to mobilize all social forces and take effective measures to effectively ensure that teachers exercise this basic right in accordance with the law.
5. Put forward opinions and suggestions on the work of the education, teaching, management and education administrative departments of the school, and participate in the democratic management of the school through the staff congress or other forms. Democratic management right for short. This is the democratic right of teachers to participate in educational management. "Citizens have the right to criticize and make suggestions to any state organs and state functionaries" is a concrete embodiment of the Constitution, which is conducive to mobilizing teachers' consciousness and enthusiasm in participating in and discussing state affairs, giving full play to teachers' role as masters, and strengthening supervision over the work of schools and education administrative departments. As teachers, they have the right to participate in the democratic management of schools, discuss major issues such as school reform and development, safeguard their democratic rights and vital interests, and promote the democratic construction of schools through faculty congresses, trade unions and other appropriate means. Taking the form of staff congress as an example, teachers' right to participate in management is embodied in the following aspects: listening to the work report of the principal, discussing major issues such as the school's annual work plan, development plan, reform plan and the construction of teaching staff; Discuss the reward and punishment methods of employees and other basic rules and regulations related to teachers; Discuss the housing allocation of faculty and staff and other welfare matters related to faculty and staff; Supervise school management. Teachers should pay attention to the principle of democratic centralism when exercising democratic management power, and give full play to the supervisory role of schools and education administrative departments.
6. Participate in advanced studies or other forms of training. It is called the right to continue training. This is the right of teachers to continue education. The rapid development of modern society and science and technology requires teachers to update their knowledge in time and constantly improve their own quality. As teachers, they have the right to participate in advanced studies or other forms of training to improve their ideological and political awareness and professional level. Educational administrative departments, schools and other educational institutions should take various forms and open up various channels, strive to create favorable conditions for teachers' continuing training, and effectively guarantee the realization of teachers' rights. Of course, the exercise of teachers' training rights should be carried out in an organized and planned way on the premise of completing their own work, and the normal education and teaching work should not be affected.
Teachers' obligations
(A) the meaning of teachers' obligations
Like teachers' rights, teachers' obligations are divided into two parts. One is the obligation that teachers should undertake as citizens, and the other is the obligation that teachers should undertake as educators. These two parts of obligations are both related and different. On the one hand, part of teachers' obligations as citizens are embodied in teachers' specific obligations; on the other hand, part of teachers' specific obligations are the concretization and professionalization of citizens' obligations. Some contents are independent of each other. What is said here is the specific obligations of teachers.
The so-called teacher's obligation refers to the responsibility that teachers must perform in education and teaching according to the law. Indicate that you must do or not do something. According to different standards, it can be divided into (1) positive obligations and negative obligations. A positive obligation is an obligation to perform a certain behavior, and a negative obligation is an obligation not to perform a certain behavior. (2) Absolute obligation and relative obligation. Absolute obligation is the obligation of ordinary people, while relative obligation refers to the obligation of specific people. (3) The first obligation and the second obligation. The primary obligation refers to the obligation not to infringe upon others. The second kind of obligation refers to the obligation arising from the violation of the rights of others. ( 1)
(B) the basic obligations of teachers
With regard to teachers' obligations, China's Compulsory Education Law stipulates that "teachers should love socialist education, strive to improve their ideological, cultural and professional level, love students and be loyal to their duties". Article 8 of Chapter 2 of China's Teacher Law specifically stipulates the obligations of teachers. In accordance with the provisions of the Teachers Law, Chinese teachers shall perform the following obligations:
1. Abide by the Constitution, laws and professional ethics and be a teacher. Constitution and laws are the basic codes of conduct of the state, social organizations and citizens. Any organization and citizen must abide by it. If teachers want to teach and educate people, they should abide by the Constitution and laws, and consciously cultivate students' legal concept and democratic spirit in education and teaching. Teachers' profession is a professional profession with its own professional ethics. Teachers should consciously abide by professional ethics, be loyal to their duties, love students, be tireless in teaching others, be knowledgeable, care about the collective and forge ahead in unity. 199 1 The State Education Commission and the National Education Union issued the Code of Professional Ethics for Primary and Secondary School Teachers, which clearly stipulated the professional ethics that primary and secondary school teachers should abide by. Primary and secondary school teachers should strictly abide by it. Teachers are engineers of the human soul and are responsible for cultivating the next generation. While imparting scientific and cultural knowledge, they have an important influence on students' ideological and moral character and personality formation. Therefore, teachers should set an example and be a model.
2 to implement the national education policy, abide by the rules and regulations, implement the school's teaching plan, fulfill the teacher employment contract, and complete the education and teaching tasks. In teaching activities, teachers should fully implement the national policy that education must serve the socialist modernization, combine with productive labor, and cultivate builders and successors of the socialist cause with all-round development in morality, intelligence and physique. Consciously abide by the educational and teaching management rules and regulations formulated by the administrative departments of education, schools and other educational institutions; Conscientiously implement the specific teaching plan formulated by the school according to the national syllabus, teaching plan or basic teaching requirements; Strictly fulfill the education and teaching responsibilities stipulated in the teacher employment contract, complete the prescribed education and teaching tasks, and ensure the quality of education and teaching.
3. To educate students on the basic principles determined by the Constitution, patriotism and national unity, legal education, ideological and moral education, culture, science and technology education, and organize and lead students to carry out beneficial social activities. This is a comprehensive specification of the teaching content of teacher education. As a teacher, we should combine the characteristics of our own education and teaching business and put political, ideological and moral education through the whole process of education and teaching. Educating students is not only the duty of ideological and political teachers, but also the basic obligation of every teacher. In the content of political, ideological and moral education for students, teachers should insist on the socialist road, people's democratic dictatorship, the leadership of the Party and the four cardinal principles of Marxism-Leninism and Mao Zedong Thought as the primary content of ideological and political education for students. Teachers should consciously educate students in patriotism, national unity, legal system, culture and science and technology, carry forward the fine traditions of the Chinese nation, guide students to gradually establish a scientific outlook on life and world, educate students to love the motherland, people, labor, science and socialism, and cultivate students into new socialist people with ideals, morality, culture and discipline. In the form and method of moral education, we should pay attention to the flexible and vivid form according to the characteristics of students' physical and mental development, pay attention to actual effect and oppose formalism.
4. Care for all students, respect students' personality, and promote students' all-round development in morality, intelligence and physique. The Constitution of China stipulates: "The personal dignity of the people and citizens of China is inviolable." Personal dignity is a basic right given to citizens by the Constitution. Because students are educated in education and teaching activities, their personal dignity is often easily violated. As teachers, we should care and cherish all students and treat them equally, and we should not discriminate against students because of nationality, gender, disability, academic performance and other factors. Especially for those students with shortcomings, teachers should pay special attention to them, educate and guide them enthusiastically, and never take simple and rude measures to insult or discriminate against students, corporal punishment or corporal punishment in disguised form, or reveal students' privacy. Those who insult or punish students through education are not transformed into bad influences shall bear corresponding legal responsibilities according to law.
5. Stop acts harmful to students or other acts that infringe upon their legitimate rights and interests; Criticize and resist phenomena that are harmful to the healthy growth of students. It is the common responsibility of the whole society to protect the legitimate rights and interests of students and their healthy physical and mental growth. As a teacher, I naturally have this obligation. Teachers have the specific scope to fulfill this obligation. Mainly to stop illegal activities that infringe on the legitimate rights and interests of students in charge of education management in school work and activities related to education and teaching; Criticize and resist the unhealthy phenomena that appear in society and are harmful to the healthy growth of students' body and mind.
6. Constantly improve ideological and political awareness and professional level of education and teaching. Education and teaching is a highly professional job, shouldering the mission of improving the quality of the people, which requires teachers to have higher ideological awareness and professional level. At the same time, this is also the requirement of social progress and scientific and technological development for teachers. Therefore, teachers should strengthen their study, adjust their knowledge structure, and constantly improve their ideological and political awareness and professional level of education and teaching to meet the actual needs of education and teaching.
The basic rights and obligations of teachers are based on educational activities and set by educational legal norms. They are a kind of career-specific legal rights and career-specific legal obligations. The relationship between them is unity of opposites and interdependence. "No obligation, no right, no right, no obligation". As a teacher, he is both the holder of rights and the undertaker of obligations, so he should correctly exercise his rights and strictly perform his obligations.