A Comparative Study on Legal Status and Legal Relationship of Public Universities Between Cross Strait.

• Main Authors: Liu,Wen-Feng, 劉文豐
• Other Authors: 周志宏
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/21183327542644372271

碩士 === 國立臺北教育大學 === 文教法律研究所 === 99 === ABSTRACT Education is essential to a nation's success, but also an important political purpose of a nation. Additionally, education is people's fundamental rights because uneducated people do not know how to develop their own personality nor know the right to protect their rights. Countries based on the obligation to take care of their people, it is a must to provide people the opportunities and to protect people's right to receive education. In addition to receive basic education and secondary education, more importantly is the higher education, particularly in universities. The establishment of the university is not just a formality only, but need to sustain two contexts of universities, university autonomy and academic freedom. Without them, universities are not capable to operate freely, to pursuit excellence, to pursuit higher learning, and to strengthen people's capacity to develop personality and achieve self-realization. Public universities of Taiwan do not have legal status but only are subordinate to executive authority. Through the efforts for more than two decades along with the opening of judicial interpretation, the reform of the system of the university has been triggered and moved forward eventually, especially with respect to how to be free from executive authority's intervention and how to assure university autonomy and academic freedom. The academy has disputed these subjects for over twenty years. It is agreed that the only viable way to achieve is to have independent legal status. As a result, when we study how to give public universities independent legal status, we also need to explore what is university autonomy and what is academic freedom. Additionally, it is required to discuss the university autonomy and academic freedom in practice both from internal and external relationship. Public universities in mainland China already have its own legal status through the relevant legal regulations and interpretation. However, whether is there university autonomy and academic freedom as we see from western society, it is worthy of comparison and consideration through several well-known cases which are introduced in this study. This start of Taiwan's public university system and the course of development brief, which also refer to foreign legal system, as compared to the mainland and then discussed the current status of the public university system, and finally make a comparison, the two sides hope to become a public university system in the amendment reference.