從現代法治理念探討學生申訴制度與辦法—以師範校院為例
Abstract
摘要
師範校院以培育師資為宗旨，直接影響著下一代的教育；更因為師範校院承傳至
日據時代的體制，升格之後的師院，校風仍舊趨於保守，校園裡甚少有學生權利可言。
惟，社會上之自由、民主、法治理念已深植人心，而以培育教育下一代師資的師範校
院，其學生申訴制度之實際運作過程，實值得較深入的了解。
本研究係以從現代法治理念，探討我國學生申訴制度與辦法-以師範校院為例。
主要的目的，除了在於探討關於學生申訴制度之相關法規與現況，是否符合現代法治
理念之外。尚期盼引發下述之目的:
一、引發師資培育機構對現代法治理念之認識與體現。
二、提升高等教育校園對學生權利的尊重。
三、提升學生事務人員在學生申訴制度之專業知能。
四、培育具有現代法治理念之師資。
五、引發學校對學生校園經驗與學生發展的重視。
本研究所採用文件分析法與半結構式訪談調查法，是釜底抽薪的想要從學生申訴
制度的行動方針與綱領-法制面作出詳細的分析、詮釋、討論，檢視其訂定之內容是
否為當?是否明確、周延之內容?並檢視其是否合乎現代法治之理念?任何一個制度的
運作，必須有賴一完整、周廷的法規建構，為其行動之綱領與制肘，師範校院學生申
訴辦法(要點)，大致上都依循「大學暨專科學校學生申訴案處理原則」所訂定，從其
兩者了解是否符合現代法制理念，即能一窺學生申訴制度之一二；進而輔以半結構式
訪談調查，從其實際運作過程、方式與細節，真正走入校園一探學生申訴制度之究竟
如何?研究者採用半結構式訪談調查法，實際了解其實施運作過程、現況，檢視其是
否於校園被重視、被學習，確能為學生權利救濟之管道?並符合現代法治之理念的操
作。
本研究根據調查結果發現與文獻探討內容，可以歸納如以下之結論:
一、師範校院的校園，學生的基本權利(益) 普遍被忽視與限制，當權利(益)
受損時需先行申訴程序，始得行使憲法之訴願、訴訟之權利。同時，教育主管機關、
學校或學生事務人員，普遍缺乏專業知能與一般法理、法治之理念與認知，尚未將學
生視為學習之主人看待，還停留在管理的階段，但是未被普遍重視。
二、「大學暨專科學校學生申訴案處理原則」為行政指導之性質，非為命令亦非
母法或法源。其實質內容，諸多違背基本法理、法治及一般行政之原則，頗多瑕疵與
不當，欠缺周延、明確與原則性的內容，如缺乏頗多權利救濟重要、核心應規範之內
容。
三、影響實務運作之各師範校院學生申訴辦法(要點)，處處出現不當、欠缺明
確周延，並未確實符合現代法治之理念；該制度普遍未被正視，積極主動宣導，例如：
並未於適當場合被介紹給學生；未能結合民主、法治或課外活動、課程進一步學習、
操作；未能確實為學生所信賴之權利(益) 救濟途徑。
四、為培育教育下一代之師範校院，不但需承擔公民教育之效能，亦須將學校的
制度或校規提供正確的身教，並能提供學生在過程中的學習操作的機會，將影響學生
校園之經驗與學生發展。同時，教育主管機關更該發揮主管機關合憲性、合法性的監
督，以積極捍衛、維護學生之權利(益) 之正常行使，不讓學校不法、不當的侵害。
五、學生申訴制度實施已經歷十年的光景，為師範校院中學生事務一般性業務，
從校園的訪談資料顯現，並未被學校重視；相關學生事務人員，普遍專業知能不足，
進而造成申訴制度運作過程中，缺乏客觀、公平、公正、超然、獨立與程序正義等等
之現象。
六、就師範校院學生申訴案之提出與受理決議之分析、統計發現，其種類有：大
過、小過、學業成績不及格、操行不及格，其性質為行政措施、事件及處分等，非僅
一般規定「處分」之性質；從八十五至九十二學年度的申訴案統計，僅為總計二十八
件，有三所學校無申訴案件，其通過率僅為合計27%左右，符合師範校院學生的特性
及校風之特色。
Abstract The purpose of the Teachers Colleges is to prepare and train future teachers. Those teachers have an enormous influence on the new generation’s education. Although the Teachers Colleges have been granted university status, the campuses atmosphere remain rather conservative, it is due to the fact that the colleges inherited the system that was from the period of Japanese colony. The students of the Teachers colleges, under this condition, entitle very few student rights. However, since the values of freedom, democracy, and rule of law have been deeply embedded in people’s beliefs, the related regulations and current condition of grievance system of the Teachers Colleges should be concerned and examined. After all, the graduates of those institutions will be the educators of the next generations. This study was based on the perspectives of current law, investigating Taiwanese students’ grievance system and practice by using the model of the Teachers Colleges as an example. The primary purpose of the study was to examine whether or not the Teachers Colleges’ grievance system and its practice reflect the ideology of today’s law and order. The study was expected to reach the following goals: A. To promote the understanding of ideology of today’s law and order among the campuses of the Teachers Colleges B. To improve higher education institutions’ respect for student rights C. To develop professional knowledge of student grievance system among campus staffs D. To prepare students to become teachers who are equipped with the beliefs of law and order E. To promote colleges’ recognition of students’ campus experience and student development This study employed Document Analysis Method and Semi-Structured Interview Method. By using these approaches, it is expected to thoroughly analyze, explain and discuss the grievance practice and its basic guidelines, based on the law’s perspective. Whether or not the grievance system was properly and accurately established? Whether or not the system reflected the principles of today’s law? Any system must rely on a comprehensive structure to operate properly. The Teachers Colleges’ grievance procedure mainly follows “The Principles of Students’ Grievance Procedure for Higher Education Institutions.” For this reason, it is important to review both contents of “The principles of Students’ Grievance Procedure for Higher Education Institutions” and the colleges’ grievance procedures, in hope to understand the degree in which they abide by the current law. In doing so, the strengths and weaknesses of grievance system could be revealed. Semi-Structured Interview Method was applied in this study because it allowed the researcher to review the actual practice, procedure, and details of the grievance system, and how the system was applicable to the students. The study was also to investigate how practical the system was to the students, and how it meets the perspectives of the rule of law.The results of this study are concluded as following: 1. The Students’ basic rights are limited or even ignored in the Teachers Colleges. When students’ rights are compromised, they have to go through the grievance procedures before exercise their Constitutional rights for petition and/or litigation. In addition, the educational officials, administrators and staffs of the colleges, in general, have very limited professional knowledge and understanding of the basic law. They do not regard students as learners, but rather seeing them as a group of people who need to be controlled or restrained. 2. “The Principles of Students’ Grievance Procedure for Higher Education Institutions” is regarded as an administrative guideline rather than an order or a law. Many parts of the Principles, in fact, are against basic rights, rule of law, and general administration policies. There are a lot of flaws and weaknesses within the Principles, such as the lack of a comprehensive, clear, and fundamental content, and the lack of supports for student rights. 3. The grievance procedure reflects many inappropriate practices which do not meet the spirit of today’s law and order. Besides, the grievance system itself has never received enough respect from or has never been actively promoted by the school officials. For instance, the system has never been appropriately and formally introduced to the students, it is separated from the courses that are related to democracy or law, and it receives no confidence in students in terms of making their voice heard. 4. The Teachers Colleges are to prepare and train the future teachers for the next generation. They are not only responsible for cultivating the virtue of civil rights, but they also need to make the school systems and regulations as model examples of the virtue. Through the educational process, the students should be allowed to practice their civil rights, so that the experience would make a significant influence on their learning and development. In addition, the governments’ educational officials should effectively exercise their supervising responsibility granted by the Constitution and law, actively defending and protecting the rights of students from schools’ illegal or inappropriate actions. 5. The students’ grievance system has been put in place and operating for ten years, and it is regarded as a general student affair in the Teachers Colleges. According to the interviews conducted among the campuses, the school officials did not pay enough attention to the system. In addition, the staffs of student affair, in general, are lack of professional knowledge, so that it makes the process of grievance system carry little objectivity, fairness, justice, transcendence, independence, and justification for the due process. 6. Based on the analyses and statistics of the grievance cases that were formally filed and concluded in the Teachers Colleges, it shows that there were several types of castigations: major offence, minor offence, academic failure, and character deficiency. These castigations were regarded as administrative procedure, affair, and discipline, rather than general regulation “corrections.” According to the grievance record from the years of 1996 to 2003, there were only 28 cases filed among the Teachers Colleges while no case was filed at 3 of these colleges. It shows that there are approximately only 27% of the cases were passed, which exactly reflects the conservative characteristics and culture of the Teachers Colleges.
Abstract The purpose of the Teachers Colleges is to prepare and train future teachers. Those teachers have an enormous influence on the new generation’s education. Although the Teachers Colleges have been granted university status, the campuses atmosphere remain rather conservative, it is due to the fact that the colleges inherited the system that was from the period of Japanese colony. The students of the Teachers colleges, under this condition, entitle very few student rights. However, since the values of freedom, democracy, and rule of law have been deeply embedded in people’s beliefs, the related regulations and current condition of grievance system of the Teachers Colleges should be concerned and examined. After all, the graduates of those institutions will be the educators of the next generations. This study was based on the perspectives of current law, investigating Taiwanese students’ grievance system and practice by using the model of the Teachers Colleges as an example. The primary purpose of the study was to examine whether or not the Teachers Colleges’ grievance system and its practice reflect the ideology of today’s law and order. The study was expected to reach the following goals: A. To promote the understanding of ideology of today’s law and order among the campuses of the Teachers Colleges B. To improve higher education institutions’ respect for student rights C. To develop professional knowledge of student grievance system among campus staffs D. To prepare students to become teachers who are equipped with the beliefs of law and order E. To promote colleges’ recognition of students’ campus experience and student development This study employed Document Analysis Method and Semi-Structured Interview Method. By using these approaches, it is expected to thoroughly analyze, explain and discuss the grievance practice and its basic guidelines, based on the law’s perspective. Whether or not the grievance system was properly and accurately established? Whether or not the system reflected the principles of today’s law? Any system must rely on a comprehensive structure to operate properly. The Teachers Colleges’ grievance procedure mainly follows “The Principles of Students’ Grievance Procedure for Higher Education Institutions.” For this reason, it is important to review both contents of “The principles of Students’ Grievance Procedure for Higher Education Institutions” and the colleges’ grievance procedures, in hope to understand the degree in which they abide by the current law. In doing so, the strengths and weaknesses of grievance system could be revealed. Semi-Structured Interview Method was applied in this study because it allowed the researcher to review the actual practice, procedure, and details of the grievance system, and how the system was applicable to the students. The study was also to investigate how practical the system was to the students, and how it meets the perspectives of the rule of law.The results of this study are concluded as following: 1. The Students’ basic rights are limited or even ignored in the Teachers Colleges. When students’ rights are compromised, they have to go through the grievance procedures before exercise their Constitutional rights for petition and/or litigation. In addition, the educational officials, administrators and staffs of the colleges, in general, have very limited professional knowledge and understanding of the basic law. They do not regard students as learners, but rather seeing them as a group of people who need to be controlled or restrained. 2. “The Principles of Students’ Grievance Procedure for Higher Education Institutions” is regarded as an administrative guideline rather than an order or a law. Many parts of the Principles, in fact, are against basic rights, rule of law, and general administration policies. There are a lot of flaws and weaknesses within the Principles, such as the lack of a comprehensive, clear, and fundamental content, and the lack of supports for student rights. 3. The grievance procedure reflects many inappropriate practices which do not meet the spirit of today’s law and order. Besides, the grievance system itself has never received enough respect from or has never been actively promoted by the school officials. For instance, the system has never been appropriately and formally introduced to the students, it is separated from the courses that are related to democracy or law, and it receives no confidence in students in terms of making their voice heard. 4. The Teachers Colleges are to prepare and train the future teachers for the next generation. They are not only responsible for cultivating the virtue of civil rights, but they also need to make the school systems and regulations as model examples of the virtue. Through the educational process, the students should be allowed to practice their civil rights, so that the experience would make a significant influence on their learning and development. In addition, the governments’ educational officials should effectively exercise their supervising responsibility granted by the Constitution and law, actively defending and protecting the rights of students from schools’ illegal or inappropriate actions. 5. The students’ grievance system has been put in place and operating for ten years, and it is regarded as a general student affair in the Teachers Colleges. According to the interviews conducted among the campuses, the school officials did not pay enough attention to the system. In addition, the staffs of student affair, in general, are lack of professional knowledge, so that it makes the process of grievance system carry little objectivity, fairness, justice, transcendence, independence, and justification for the due process. 6. Based on the analyses and statistics of the grievance cases that were formally filed and concluded in the Teachers Colleges, it shows that there were several types of castigations: major offence, minor offence, academic failure, and character deficiency. These castigations were regarded as administrative procedure, affair, and discipline, rather than general regulation “corrections.” According to the grievance record from the years of 1996 to 2003, there were only 28 cases filed among the Teachers Colleges while no case was filed at 3 of these colleges. It shows that there are approximately only 27% of the cases were passed, which exactly reflects the conservative characteristics and culture of the Teachers Colleges.
Description
Keywords
現代法治, 學生申訴制度