高校合同制科研人员择优入编法律问题研究

推广高校合同制科研人员择优入编不仅可以进一步激发他们投身科研的积极性,而且可以减少部分高校在事业编制教师中引入"非升即走"所引发的法律争议。欧美大学的终身教职制度对我国择优入编的制度构建具有较大的启发意义,尤其是美国司法实践的成功经验对于预防和解决我国合同制科研队伍择优入编的法律纠纷具有较好的参考价值。不过,由于此类合同的特殊性,也应当意识到法律法规和司法途径在解决合同制科研人员择优入编的争议面前也不是万能的。

Study of Legal Issues of Formal Recruitment of Selected Contract Researchers by Public Institutions

After practice and exploration for nearly twenty years, the construction of contract scientific research team has made great achievements while some breakthroughs are still needed including formal recruitment of selected contract researchers by public institutions. It is necessary to popularize formal recruitment of selected contract researchers by public institutions because it can promote the working enthusiasm of these people and reduce legal disputes caused by up-or-out system for formal teachers of university.Tenure system in European and American universities provides some references for formal recruitment of selected contract researchers by public institutions in China and the experiences of American judicial practice are well illuminating for China to prevent and solve legal disputes on such recruitment.But since the contract of this kind is very special, we should know that laws and courts are not almighty in solving the disputes about formal recruitment of selected contract researchers by public institutions