高校教师聘任合同是高校和教师在双方地位平等和自愿的基础上签订,其需要明确规定双方的权利、义务和责任等内容。本文在界定学校是特殊的非行政主体的事业单位,及教师是非公务员的国家工作人员的基础上,明确教师聘任合同既不是行政合同也不是劳动合同,而是具有行政性和劳动合同特点的特殊合同,因此其具体法律性质亟待教育行政部门进一步加以确定。 The contract of appointment of university teachers is that universities and teachers sign on the basis of equality and voluntariness of both parties, and they need to clearly stipulate the rights, obligations and responsibilities of both parties. On the basis of defining the school as a special non-administrative public institution and the national staff whose teachers are non-civil servants, this paper clarifies that the appointment of teachers is neither an administrative contract nor a labor contract, but a special one which has the characteristics of administration and labor contract Contract, so its specific legal nature urgently need to be further determined by the education administration.