| Summary: | 碩士 === 國立暨南國際大學 === 教育政策與行政學系 === 105 === The purpose of this study is to explore the overall context and development of the public teacher’s （under senior high school）remedy system in Taiwan and to explore the remedies that can be sought when the teacher's rights and benefits are damaged after the J.Y. Interpretation 736. Researcher adopted documentary analysis and judgment analysis as the main research methods, and supplemented by the social research, the comparative research and the cross-table analysis to analyze the current situation of administrative litigation and the application of practical judgment cases to strengthen the link between laws and practice and to construct the teacher's remedy system.
Accordingly, the results of the quantitative analyses from Taipei, Taichung and Kaohsiung high administrative court which the teacher filed (under public senior school) indicate the five conclusions below:
1. In terms of the quantity of administrative litigation among the courts, the quantity of Taipei high administrative court is the largest, and the Taichung high administrative court is the least. And the difference between these five years (2011-2015) is not significant.
2. For the type of administrative litigation, the Administrative Actions for Revocation is the largest, and following is Administrative Actions for merge. In the Administrative Actions for merge, the Administrative Actions for Revocation and Administrative Actions for Effecting is in the majority.
3. In terms of the results of judgments, there are 17 pieces of winning suits, 77 pieces of losing suits, 51 pieces of procedural rejection, 5 cases that is part of them is reasonable and the another is unreasonable, 2 cases which is transferring to the administrative litigation court and 2 cases is the stakeholder should to participate in the litigation. And the performance rating and disciplinary are considered not the subject of administrative litigation, so they are dismissed by procedure.
4. In terms of the results of subject-matter, the most is the recruitment, the next is retired seniority, performance rating, the events of civil servant and teacher insurance act, disciplinary, salary and the rest are not more than 5%.
5. The proportion of administrative litigation which the teacher (under public senior school) file is not high. The ratio is about 0.41%.
According to the judgment analysis from administrative court, many of the measures were originally considered school management measures, not to file administrative litigation, but it is indeed related to the rights and interests of teachers, including teacher transfer among schools, surplus-teachers transfer among schools, the rights of reading the files , absence without reasons, staying in the original salary, administrative punishment -record a demerit, the rights to participate school synod, disagreeing job allocation, the school management measures arising from school sexual harassment events, teacher service certificate filling service is excellent. Therefore, according to meaning of the J.Y. Interpretation 736, should consider the possibility of opening up administrative litigation after the J.Y. Interpretation 736.
Four suggestions based on the results of this study are as follows:
1. To strengthen the concept of law for teacher.
2. The education authorities should held professional legal courses for reviewers.
3. Inspection of existing laws and regulations relating to teachers, whether there is in violation of the meaning of the J.Y. Interpretation 736.
4. To establish standard procedures for the type of administrative discretion on high private events.
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