「師資培育法」立法過程之權力與政治行為研究
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2006
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Abstract
「師資培育法」立法過程之權力與政治行為研究
摘要
本研究之主要目的有三:一、了解師資培育法立法過程的權力運作現況;二、探討師資培育法立法過程政治行為運作的現況;三、根據研究結果,做成建議提供相關教育團體之教育法研究參考。
為達成以上研究目的,本研究兼採內容分析與訪談兩種研究方法。首先,透過內容分析,針對師範教育法修正案進入立法院後,教育與法制委員會所召開的前三次聯席會議上的發言內容做分析;個別訪談係以當時參與師範教育法修正過程的官方代表與民間代表為主。
本研究結論如下:
壹、 師資培育法立法過程中,在野表現的權力與政治行為:
一、 聯結權─建立人際關係;示好─表現友善的態度。
二、 資訊權─掌握較多且精確的資訊;論理─提出合於邏輯的理念。
三、 機會權─適當的時間、地點,產生適當的機會;聯合─聯合其他人或團體的支援,以擁護其要求。
四、 建議權─憲法賦予基本人權,加以解嚴後民主抬頭。
貳、 師資培育法立法過程中,官方表現的權力與政治行為:
一、立法權和表決權─憲法所賦予的合法職權。
二、衝突─因意見相左而使法案停擺;妥協─透過議價而使雙方達成妥協。
研究建議如下:
壹、 教育行政機關方面
一、應重視教育立法。
二、建立協商機制。
貳、 立法機關方面
一、教育立委應秉持教育良知。
二、教育立委不應為政治利益而犧牲教育的合理性。
參、 教育研究機構方面
一、應重視教育法與教育政治學的研究。
二、增設教育法學的課程。
肆、 對未來研究的建議
一、在研究對象方面:未來研究對象可擴及壓力團體及教育立委的研究。
二、在研究方法方面:可採俗民誌研究或歷史研究法。
The research on the implementation of the powers and the political behaviors in terms of “Teacher Education Act” Ho, Szu-An Abstract The three purposes of the present study are as follows: 1. Understanding the implementation of the power in the legislative process of the “Teacher Education Act”. 2. Understanding the implementation of the political behavior in the enacted process of the “Teacher Education Act”. 3. Proposing suggestions based on the conclusions for the educational authorities and for the future research as well. Content analysis and interview are primary methods administered in the present study. First , the researcher analyzes the draft copy which legislators of Committee on Education made during amendment of the Teacher Education Act in the Legislative Yuan. Some legislators and ex-administrators are interviewed to fully explore what happened during the enacted process of the Act. Several conclusions are made as follows: 1. The reasons why people can swift the legislators’ intentions to make acts : (1) Show friendship and build relationship with legislators. (2) Hold more and exact informations, and hand in logic thoughts. (3) Produce proper chances because of proper time and places. (4) Join other individual’s or group’s help to support their proclaims (5) The basic human rights are given by Constitution and democracy blossoms after the martial act was lifted. 2. Governorship shows power during the legislative process with the legal positional power given by Constitution. 3. The act was quitted for controversies and made a deal by bargaining The suggestions of this research are as follows: 1. Educational administration should care educational acts and set up the mechanism for negotiation. 2. Educational legislators should be conscientious and righteous to defend the educational rights for the younger generations. 3. Educational institution should emphasize the research of education acts and educational politics. 4. The suggestions for the future study: (1) The lobby and educational legislators can be the objects of research .(2) Field research and historical research can be used in the research methods.
The research on the implementation of the powers and the political behaviors in terms of “Teacher Education Act” Ho, Szu-An Abstract The three purposes of the present study are as follows: 1. Understanding the implementation of the power in the legislative process of the “Teacher Education Act”. 2. Understanding the implementation of the political behavior in the enacted process of the “Teacher Education Act”. 3. Proposing suggestions based on the conclusions for the educational authorities and for the future research as well. Content analysis and interview are primary methods administered in the present study. First , the researcher analyzes the draft copy which legislators of Committee on Education made during amendment of the Teacher Education Act in the Legislative Yuan. Some legislators and ex-administrators are interviewed to fully explore what happened during the enacted process of the Act. Several conclusions are made as follows: 1. The reasons why people can swift the legislators’ intentions to make acts : (1) Show friendship and build relationship with legislators. (2) Hold more and exact informations, and hand in logic thoughts. (3) Produce proper chances because of proper time and places. (4) Join other individual’s or group’s help to support their proclaims (5) The basic human rights are given by Constitution and democracy blossoms after the martial act was lifted. 2. Governorship shows power during the legislative process with the legal positional power given by Constitution. 3. The act was quitted for controversies and made a deal by bargaining The suggestions of this research are as follows: 1. Educational administration should care educational acts and set up the mechanism for negotiation. 2. Educational legislators should be conscientious and righteous to defend the educational rights for the younger generations. 3. Educational institution should emphasize the research of education acts and educational politics. 4. The suggestions for the future study: (1) The lobby and educational legislators can be the objects of research .(2) Field research and historical research can be used in the research methods.
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Keywords
權力, 政治行為, 立法過程, power, political behavior, legislative process