The Study Of Legal System Regarding The Merger Of Higher Education Instition In The Republic Of China

• Main Authors: Tsai Yu Wei, 蔡有偉
• Other Authors: Yang Wei Wen
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/73477588637146512133

碩士 === 開南大學 === 法律學系 === 101 === 　　This study aims to analyze the deficiencies of the legal system of merging higher education institutions and authorities’ interpretation of applicable laws, and provide improvement suggestions for the deficiencies based on related decrees such as the Business Mergers and Acquisitions Act. The structure of this study contains 6 chapters. The first chapter is Introduction, the second chapter is the Motivations and Theories of Higher Education Mergers, the third chapter is the Changes and the Legal System of Higher Education in Taiwan, the fourth chapter is the Changes and the Legal System of Business Mergers, the fifth chapter is the Analyses of Higher Education Cases, and the sixed chapter is Conclusions and Suggestions. Chapter 1. Introduction This chapter illustrates the research motivations, purposes, scope, limitations, methods, and structure of this study. Chapter 2. The Motivations and Theories of Higher Education Mergers This chapter mainly explores the motivations and purposes behind mergers initiated by higher education institutions, the differences in motivations and purposes behind mergers initiated by enterprises, and the unique features of higher education mergers. Chapter 3. The Changes and the Legal System of Higher Education in Taiwan First, this chapter explores the reasons why the form of higher education in Taiwan transformed from elite education to general education, causing 4 major difficult problems, which were (1) education resource allocation being diluted; (2) development of higher education being generalized; (3) higher education in various countries being internationalized; and (4) decreasing birthrate and aging population. The Taiwanese government’s main responding policy for these problems was to merge higher education institutions, with the trump card being shutting down and disbanding institutions. However, the solution the government came up with was to merge higher education institutions. The main purpose of this chapter is to study the deficiencies of the legal system of merging higher education institutions and propose suggestions and opinions. Chapter 4. The Changes and the Legal System of Business Mergers This chapter provides references for the deficiencies of the legal system of higher education in Taiwan after analyzing the changes and the legal system of business mergers. Chapter 5. The Analyses of Higher Education Cases This chapter analyzes the Tzu Chi school legal person merger, the National Chiayi University merger, and the National Dong Hwa University merger, and then finds out the deficiencies of the legal system of merging higher education institutions and policies in practical operations. Also this chapter proposes some solutions to the issues related to authorities interpreting applicable laws. Finally, for the issue of difficulties in merging private universities and colleges, this chapter provides some suggestions on the future revision of the law for the higher education merging legal system based on the revision of the Medical Care Law. Chapter 6. Conclusions and Suggestions This chapter first lists the deficiencies of the government policies and the legal system of higher education merging in Taiwan, including (1) confusion in applications of the legal system; (2) not including regulations that should be included; (3) different regulations for the same matters; (4) complex and long merging process; and (5) private school system issues. The final suggestions proposed by this study are listed below. 1. The parts of the Business Mergers and Acquisitions Act which can be referenced: (1) Legislation techniques; (2) inspection and review by authorities; (3) types of mergers; and (4) the system of employee retention. 2. The parts of the Medical Care Act which can be referenced: (1) Including the type of “corporation”; (2) expanding the range of business; and (3) enhancing the asset audit system.