Study of J.Y. Interpretation No.684 & the Reform of University’s Discipline in Taiwan
Date Issued
2015
Date
2015
Author(s)
Chiang, Yu-Hsin
Abstract
J.Y. Interpretation No.684, which had modified No.382 that Justices of the Constitutional Court made before, made college students be allowed to bring administrative appeal or litigation not only for expulsions or similar decisions like No.382’s meaning but also for the decisions or measures infringing the student’s right to education or other constitutional fundamental rights. Until now, however, college students’ appeal or litigation for administrative actions made by administration in school without relevance with expulsions are still considered to be with no concern to infringing theirs’ fundamental rights and being dismissed. The Petition Reviewing Commissions or Administrative Litigation Courts thought those administrative actions were not in accord with the constitutive requirements of disciplinary sanction but they ignored the differences between substantive and procedural law . On the survey of student rights , a lot of universities in Taiwan still restrain students from basic human rights including assembly ,demonstration and the freedom of speech. Based on the reasons above, the study starts from analyzing J.Y. Interpretation No.684 in order to seek and figure out the specific explications and defects of this interpretation. Furthermore, we focus on legal characteristics of disciplinary measures and regulations which were often ignored by theories and the possible difficulties of those measures and regulations applied to “Administrative Procedure Act” and general principles of Administration Law. Last but not least,we search for disciplinary regulations of 142 universities including public and private universities in Taiwan authorized by “University Act” Article 32 to be materials of the research with the objective to make induction and analyze these regulations from substantial and procedural constitutionality . The study regards that the deficiency of protection of student rights about disciplinary regulations in university is caused by not distinguishing the boundary between “teaching” and “discipline”. Disciplinary regulations which have existed from “the Martial Law Period” up to now in many universities still infringe student fundamental rights. They are packaged by the term called “university self-government” and used inane “educational purpose” to be “Justification foundation”. Obviously, they are out of constitutional order in Nation, and cause considerable controversies which have yet to be improved. In the long run, the study makes the suggestion to delete “Administrative Procedure Act” Article 3.3.6 and the legislation possibility of “Student Rights Protection Fundamental Act”. After integrating the discovery from the study, we holds the opinion that putting universities’ disciplinary regulations back into “legal order” item , putting universities’ disciplinary decisions back into “administrative disposition” item, establishing the framework fundamental act by Legislative Yuan, serving justice practitioners to know how to recognize the truth and applying the laws based on the premise: “respecting the students’ rights” should be considered.
Subjects
special power relationship
J.Y. Interpretation No.684
student disciplinary regulation
Administrative Procedure Act
general principles of law
SDGs
Type
thesis
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