| Summary: | 碩士 === 國立臺北教育大學 === 教育經營與管理學系文教法律碩士班 === 103 === Students’ administrative remedy measures in Taiwan are composed of the appeal inside school, the further appeal outside of school, the administrative appeal, and the administrative litigation procedures. The administrative remedy measures appear to be well-rounded; the measures altogether, however, are very complicated and of multiple instances of court, which makes the procedures take a very long time to complete. Therefore, even if a student goes through the whole administrative remedy procedures and achieves the victory, what he or she gets is merely the so-called “justice delayed.” This study attempts to investigate the role the student appeal system plays in the overall students’ administrative remedy system and to compare the difference between the appeal inside school, the further appeal outside of school, and the administrative appeal, starting from looking into the present student appeal system. The study aims to establish a more plausible remedy system that meets students’ real needs, so that the time, labor, and financial cost can be reduced, and students’ rights to save themselves can be protected.
The study comes to the conclusions that: (1) the student appeal system is utilized to deal with public law issues between the schools and the students; (2) remedy measures of diverse functions shall be designed for students of different learning stages; (3) The basic legal relationship between the student and school is the contractual relationship; (4) the further appeal process is redundant. It also suggests that: (1) the regulations related to the student appeal system shall limit the appeal cases to public law issues; (2) before a student make an appeal, he or she should not be asked to carry any unnecessary pre-appeal procedures; (3) University students’ administrative appeal shall be replaced with the appeal inside school. In addition, the reconsideration and further appeal procedures, which make the system in chaos, shall be ruled out entirely.
Keywords: student appeal, further appeal , administrative appeal, the right to receive education, the right to learn, the right to a remedy
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