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|Other Titles:||A Review of the Implementation of University Autonomy from the Perspective of the Legal Status of Universities: Focusing on the Legal Personalization of Universities|
Yue-Dian Hsu, Jia-Yu Li
Center for Educational Research and Evaluation
The issues of legal personalization of universities have long been disputed. The newly revised draft amendments to the University Act, which are brought up by the Executive Yuan on May, 2005 to the Legislative Yuan for consideration of enactment, stipulate the legal basis for the legal personalization of universities. Although the draft amendments have not yet come into law, the disputes do not cease. The Minister of the Ministry of Education claimed that "legal personalization of universities is the trend of the world," when he sketched the prospectus of governmental organization reforms. At present, while referring to the Japanese experience of independent administrative legal person from a comparative law approach, the governmental policy still prefers the form of administrative legal person as the goal of legal personalization of universities. However the form of legal personalization of universities shall not be limited to the form of administrative legal person alone and may be varied. There are several different types of organizations to be chosen from and may render different impacts on the organizations, personnel affairs, finance, and autonomy of universities.This Article focuses on the clarification of all three possible forms of organizations after the legal personalization of universities. The three possible forms are public law juridical association, public law juridical foundation and administrative legal person. Different characteristics of each of these three forms will be analyzed from comparative law perspectives and case studies will also be discussed to better illustrate the analysis. After further ascertaining the constitutional guarantee of university autonomy as the goal of the legal personalization of universities, this Article will go on to discuss the possible influences and relevant issues of adopting different forms of organizations respectively. The purpose of this Article is to provide a certain and clear thought and theoretical basis
|Appears in Collections:||當代教育研究|
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