國訓中心辦理大學優秀運動選手課業輔導之研究—兼論其適法性問題

Abstract

本研究旨在探討國家運動選手訓練中心長期培訓大學優秀運動選手兼辦課業輔導所衍生之相關問題和其適法性分析，並比較我國與中國大陸、韓國、日本與美國等國家大學優秀運動選手培訓制度與課業輔導措施，以訪問和文獻資料分析課業輔導和實習教師法律地位之相關問題。本研究之結論與建議如下： 一、 國訓中心辦理課業輔導面臨之困境為學分採認、教育學程與教育實習三者；中國大陸為中央集權國家，選手之選訓輔和求學與就業均由政府一手安排；韓國優秀選手之訓練制度與我國相近；日本和美國無國訓中心與選手保送制度，優秀運動選手皆由單項協會負責集訓，美國以法人型態設有奧林匹克訓練中心，故無課業輔導之相關問題。 二、 國訓中心給予成績授予學分之課業輔導違反大學法、學位授予法、師資培育法、教師法及「教師檢定及實習辦法」等。 建議舉行公聽會吸納專家學者與廣大民意，並廢止教育部1999年頒發之中華民國大專院校體育總會各種球隊輔導管理要點及修訂國民體育法和師資培育法及刪除大學法有關修業年限規定等。This research is to investigate the subsequent problems and legitimacy analysis for the academic guidance system that the National Athletic Training Center comply to assist the elite college athletes during the long term training. The relevant training systems and academic guidance of the elite college athletes form Mainland China, Korea, Japan and USA will analyze and take into discussion together to investigate the special legal status and the legitimacy for the academic guidance and internship teacher provided by the National Athletic Training Centers. The results and suggests of this study obtains from interview and data analysis are as follow: 1、 The National Athletic Training Center has provided with the academic guidance and confronted with three academic problems, including grade accreditation, educational curriculum and educational internship. The Mainland China, is a power-centered nation, has conducted the single system combined with athletic training and academic guidance. Also the education and employment of athletics well arranged by the central government. The athletic training and academic guidance system of Korea is almost the same as our system; In Japan and USA, there is neither national training center nor the athlete-favored education system and the elite athletic students are all trained by the athletic associations and clubs. Yet, the Olympic center in USA is established under the name of legal person; thus, there will be no relevant academic problems in Japan and USA. 2、 The academic guidance system currently provided by the National Athletic Training Center for course accreditation is against the University Law, Degree Accreditation Law, Teacher Law, Teacher Qualification Test and Internship Law, and Teacher Cultivation Law. It is recommended to held the public hearings and obtain the suggestions from scholars and the general public. Then, the “ Academic Guidance and Management Code for Various-Ball Teams of Collegiate Federation of Physical Education of ROC ” in 1999 by Education Ministry is suggested to abolish. Additionally, it is highly recommended to revise the “The General Physical Education Law ” and “Teacher Cultivation Law” and to delete the relevant regulation of study years for degrees from the University Law.