自《教师法》实施以来,我国大陆地区中小学教师的身份之争就没有停止过。从政策法规的走向来看,教师与普通劳动者的界线正在不断淡化。在其他国家和地区,私立学校的教师身份多为雇员,公立学校的教师身份有公务员、公务雇员和学校雇员之分。我国大陆地区民办中小学与教师的聘任关系,定性为劳动合同关系是合适的;但公办中小学的教师任用即便坚持实行聘任制,其聘任关系亦当定性为行政合同关系比较合适。 Since the implementation of the Teacher Law, the identity dispute among primary and secondary school teachers in mainland China has not stopped. Judging from the trend of policies and regulations, the boundary between teachers and ordinary workers is constantly being diluted. In other countries and regions, teachers in private schools are mostly employees. Teachers in public schools are civil servants, public servants and school employees. The employment relationship between private primary and secondary schools and teachers in mainland China is qualitatively defined as the contractual relationship of labor contract. However, the appointment of teachers in the public elementary and middle schools should be qualified as the administrative contractual relationship even though they are insisted on the appointment system.