从上世纪80年代开始,我国进行了较大的教育体制改革,涉及到了高等教育的方方面面。在教师身份关系方面,根据法律的规定,我国公立高校与教师普遍签订了教师聘任合同,高校对教师的管理由身份管理逐步走向了契约管理,并以聘任合同来明确双方的权利义务。然而在法律上,我国并没有明确公立高校教师聘任合同的属性,这也就给因履行公立高校教师聘任合同(以下简称为“教师聘任合同”)发生的纠纷适用何种法律带来了麻烦,教师聘任合同是否可以适用劳动合同法?这些问题亟待解决。为此,本文从教师聘任合同的本质属性出发去研究教师聘任合同与劳动合同的区别。 Since the 1980s, China has conducted a large reform of the education system, involving all aspects of higher education. As for the relationship between teachers and teachers, according to the law, public universities and teachers in our country have generally signed the contract of teachers' appointment. The management of teachers in colleges and universities has gradually shifted from identity management to contract management, and the employment contract has been established to clarify the rights and obligations of both parties. However, in law, our country does not define the attribute of the contract of public university teachers, which also brings about the law which is applicable to the disputes arising from the fulfillment of the appointment contract of the public university teachers (hereinafter referred to as “the contract of teachers”) Trouble, the employment contract can apply to the employment contract law? These problems need to be solved. To this end, this article from the nature of the appointment of teachers to study the characteristics of teacher engagement and labor contract to study the difference.