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University Presidential Selection
本論文係以近二年發生公、私立大學校長遴選產生之爭議為動機，從大法官解釋闡述大學自治之精神及內涵，歸納有關大學自治與國家監督之相關解釋，釐清其法理關係。透過分析我國大學校長遴選法制變革之脈絡，分析我國大學校長遴選與聘任的法理，推導大學校長遴選與聘任事項在大學自治及國家監督關係下應有之定位。以此為基礎，進而探究大學校長遴選法制有關迴避規範之行政實務見解及法理，反思我國大學校長遴選法制之可能盲點，並介紹法制度設計上之規則模式及基準模式(The Rules V. Standards Dialectic)，供作法制參考。
Abstract This thesis is focused on the controversies of the presidential selection arising from public and private universities in the past two years in Taiwan. It based on a constitutional normative framework between university autonomy and state supervision, which is holistically inducted from the Grand Justice interpretations. By analyzing the rule of legal reform in the selection of university presidents in Taiwan, this thesis analyzes the jurisprudence of the selection and appointment of university presidents in Taiwan, and deduces the orientation of the selection and appointment of university presidents under the relationship between university autonomy and state supervision. Based on above-mentioned consideration, it will probe into the administrative practice opinions and jurisprudence of the legal system for the selection of university presidents, reflecting on the possible blind spots of the selection of legal methods for university presidents in Taiwan. It provides authorities with a“Rules v. Standards Dialectic” for legal reference while reforming the design of legal systems. In order to explore further arguments, it illustrates two cases as examples, i. e., Taiwan University and Kaohsiung Medical University, focusing on popular issues, such as interest avoidance, and tries to find out main controversies. Finally, this thesis comprehensively analyzes the advantages and disadvantages of legal system for university presidential selections in Taiwan, and offers some practical suggestions. Key words: University Autonomy, State Supervision, University Presidential Selection
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