The legal status of teachers refers to the orientation of teachers' profession by law. This legal status essentially established the political status of teachers in the country. The provisions reflecting the rights and obligations of teachers' professional characteristics reflect the legal status of teachers as professionals who perform their educational and teaching duties, and also provide specific legal protection for the real realization of their status. It is not only the responsibility of students and governments at all levels, but also the responsibility of the whole society to respect, care for and protect teachers' legitimate rights and interests. The purpose of establishing Teacher's Day according to law is to further

The meaning of teachers' legal status

The legal status of teachers refers to the orientation of teachers' profession by law. All along, teachers' profession has been defined differently at home and abroad. When mankind enters the 2 1 century, education is regarded as the driving force of individual development and social progress, the source of wealth, and is placed at the core of society. The development of education is inseparable from teachers, who play an irreplaceable and unique role in the benign inheritance of human culture and the sound development of students. In the overall situation of revitalizing the nation and education, teachers have special responsibilities and missions. In this regard, the third article of the Teachers Law of our country determines the legal status of teachers, which stipulates: "Teachers are professionals who perform their educational and teaching duties and undertake the mission of teaching and educating people, cultivating builders and successors of the socialist cause and improving the quality of the people. Teachers should be loyal to the people's education. "

The legal status of teachers can be understood from the following aspects:

First, the identity characteristics-teachers are professionals. Professionals, that is, people who specialize in certain professional and technical work. Different countries have different regulations on the identity of teachers. Some countries stipulate that teachers, especially primary and secondary school teachers, are civil servants; Some countries stipulate that teachers are freelancers; Other countries determine the professional nature of teachers according to the nature of their teaching institutions: teachers in compulsory education institutions or public education institutions are public officials or civil servants, and teachers in non-public education institutions are freelancers. In China's Teacher Law, the identity of a teacher is "a professional who performs educational and teaching duties". This is a kind of recognition of the status of teachers by the state in law, and their treatment and salary are guaranteed professionally. At the same time, the teacher law also puts forward corresponding requirements for teachers' professional qualifications: first, education, teachers must meet the corresponding bottom line of education; The second is the requirement of professional knowledge; Third, it meets other relevant regulations commensurate with its occupation, such as teachers' political conditions, teachers' skills, teachers' physical and mental qualities, etc.

Second, professional characteristics-fulfilling educational and teaching duties. According to Article 2 of the Teachers Law, only those who directly undertake the task of education and teaching belong to the category of teachers. Therefore, in schools, people who only undertake education and teaching work belong to teachers, and those who undertake administrative or other professional duties and education and teaching duties also belong to teachers. However, administrators, school-run industrial companies and logistics service personnel who do not directly engage in education and teaching and do not perform teaching duties in schools cannot be defined as teachers, and their legal status is different from that of teachers. In addition to the teacher post system, Article 35 of the Education Law also stipulates the education staff system and professional and technical system. Accordingly, they can be included in the category of educational workers or other corresponding professional and technical personnel, and the protection of their legitimate rights and interests is governed by other relevant laws and regulations, not the Teachers Law.

Third, the scope of teaching-teachers must teach in schools or other educational institutions at all levels. Article 2 of the Teachers Law stipulates: "This Law is applicable to teachers engaged in education and teaching in schools and other educational institutions at all levels." "Schools of all levels and types" here refers to schools that implement preschool education, general primary education, general secondary education, vocational education, general higher education, special education and adult education in the whole education system. "Other educational institutions" mainly refer to institutions that are closely related to education and teaching in society, such as Children's Palace and local teaching and research offices. The "teacher" here refers to the professional and technical personnel who pass on the knowledge and skills of human culture and science, carry out ideological and moral education, and train the educated into talents needed by society. These teachers include public teachers who are paid by the state, private teachers who are paid collectively and subsidized by the state, and teachers who run schools by social forces.

Fourth, the responsibility mission-teachers have the mission of "teaching and educating people, training builders and successors of the socialist cause, and improving the national quality". Specifically, it includes two meanings: first, it refers to the responsibility of teachers to train students. In the teaching process, teachers should not only spread scientific and cultural knowledge to students, but also pay attention to the construction of students' thoughts, morality and emotions, so as to be a teacher. Teaching and educating people are two aspects of the same process. Secondly, and more importantly-the historical mission of teachers-is to improve the overall quality of the people. China has a large population. Improving the physical quality, psychological quality and cultural quality of all workers is an important factor to revitalize the country, enhance comprehensive national strength and accelerate national development. The hope of national rejuvenation lies in education, and the hope of educational rejuvenation lies in teachers. Teachers have an irreplaceable historical mission in cultivating millions of social construction talents in 2 1 century.

Legal basis:

People's Republic of China (PRC) Teacher Law

Article 10

The state practices a teacher qualification system.

China citizens who abide by the Constitution and laws, love the cause of education, have good ideological and moral character, have the academic qualifications stipulated in this Law or have passed the national teacher qualification examination, have teaching ability, and can obtain teacher qualification after being recognized as qualified.

Article 11

The corresponding qualifications to obtain the teacher qualification are:

(a) to obtain the qualification of preschool teachers, they should have graduated from preschool normal schools or above;

(two) to obtain the qualification of primary school teachers, they should have graduated from secondary normal schools or above;

(three) to obtain the qualification of a junior high school teacher, a primary vocational school culture and professional course teacher, you should have a bachelor's degree or above from a normal university or other university;

(four) to obtain the qualifications of teachers in senior middle schools and teachers in secondary specialized schools, technical schools and vocational high schools, you should have a bachelor's degree or above in normal universities or other universities; The qualifications required to obtain the qualifications of students' internship instructors in secondary specialized schools, technical schools and vocational high schools shall be stipulated by the administrative department of education of the State Council;

(five) to obtain the qualification of a teacher in an institution of higher learning, one should have a postgraduate or undergraduate degree;

(six) to obtain the qualification of adult education teachers, they should have graduated from higher and secondary specialized schools and above that are suitable for the level and category of adult education. Citizens who do not have the teacher qualifications stipulated in this law must pass the national teacher qualification examination when applying for teacher qualifications. The national teacher qualification examination system is formulated by the State Council.

Article 12

If a teacher who taught in a school or other educational institution before the implementation of this Law does not have the academic qualifications specified in this Law, the administrative department of education of the State Council shall formulate measures for the transition of teacher qualifications.

Article 13

The qualifications of primary and secondary school teachers shall be recognized by the education administrative department of the local people's government at or above the county level. The qualifications of teachers in secondary specialized schools and technical schools shall be recognized by the education administrative departments of local people's governments at or above the county level. The qualifications of teachers in ordinary institutions of higher learning are recognized by the education administrative departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government or the schools entrusted by them. If a citizen who has the academic qualifications specified in this Law or passed the national teacher qualification examination requests the relevant department to recognize his teacher qualification, the relevant department shall recognize him in accordance with the conditions specified in this Law. Qualified teachers should have a probation period for the first time.

Article 14

Those who have been deprived of political rights or have been sentenced to fixed-term imprisonment or above for intentional crimes cannot obtain the qualification of teachers; Those who have obtained teacher qualifications shall lose their teacher qualifications.

Article 15

Graduates from normal schools at all levels shall engage in education and teaching in accordance with the relevant provisions of the state. The state encourages graduates from non-normal colleges to teach in primary and secondary schools or vocational schools.

Article 16

The state practices a teacher post system, and the specific measures shall be formulated by the State Council.

Article 17

Schools and other educational institutions shall gradually implement the appointment system for teachers. The appointment of teachers should follow the principle of equality between the two parties, and the school and the teacher sign an employment contract, which clearly stipulates the rights, obligations and responsibilities of both parties. The steps and measures for implementing the teacher appointment system shall be formulated by the administrative department of education of the State Council.