A Study on the Legal Liabilty of Middle School Teachers’ Infringement

• Main Authors: Wong-Hsing Liu, 劉翁興
• Other Authors: 林炫秋
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/68727314111598908550

碩士 === 國立中興大學 === 法律學系碩士在職專班 === 102 === The core of the fundamental right of education is to guarantee students’ self-realization. Schools are the main place in which the fundamental right of education is guaranteed. Therefore, schools should not only give students opportunities and rights to learn but also guarantee that students can learn safely. Both are the primary content of the fundamental right of education and both are important. That is to say the premises for students to be able to pursue the free development of their personalities by learning without worrying is: a safe school environment. In recent years, the student-centered educational idea has made it difficult for traditional teachers who apply authoritative teaching methods to adjust to. News about students being punished physically or their rights being violated illegally has often been heard. The author has been a junior high school teacher for years, and I hope to show through this study: teachers’ legal liability when they have the infringement acts which cause the encroachment of students’ right. I also try to typify the infringement acts or the state compensation cases . Through the pragmatic verdicts, I hope to be able to clarify the important condition on which teachers’ illegal acts would be established as the infringement acts or the state compensation. This study can be seen as reference for my fellow teachers. The first chapter introduces the motive, the purpose, the methods, and the scope of this study. The second chapter is, from the view point of the fundamental right of education, to explore, under current legal system, the relationship between education and law, including legal relationship between schools, teachers, and students, and also teachers’ rights and obligations in current Teachers’ Act. In the third chapter, teachers’ infringement acts are explored based on the primary domestic theories. The fourth chapter explores the problem of the state compensation when public school teachers’ infringement acts happen. In the fifth chapter, I organize those relative pragmatic verdicts using deux parties in order to organize the important condition on which teachers’ illegal acts would be established as the infringement acts or the state compensation. The final chapter is conclusion and suggestion. Finally, the author thinks that to prevent teachers’ infringement acts from happening, preparation in advance is more important than compensation afterward. School administration, teachers, even parents and students should cooperate and support one another to actually prevent teachers’ infringement acts from happening. Teachers should maintain students’ right of education and provide students with a safe learning environment.