A Study of Legal Issues from Inappropriate Discipline of Teachers of Primary and Junior High School in Taiwan

• Main Authors: Yi-Feng Wen, 溫宜峰
• Other Authors: Chen-Yo Choh
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/61394040196389693508

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 98 === The first chapter is introduction which explains the motivations, the purposes, the categories, the methods, the structures and the anticipated results etc. of the research. The second chapter discusses the qualifications about teachers in school, introduces the government officials, from narrow sense, broad sense and most generalized classification, describes from all walks of life the official role identification. Then the chapter also analyzes the obtaining of licenses, the appointment of teachers, including the nature of teacher employments contracts. Finally from comparison with the officials’ various related legal regulations, this chapter compares and discusses teacher's identity as to whether it belongs to the officials’. The third chapter talks about the discipline on the teacher’s cultivation, explains the meaning, purpose, character of discipline, and learns about the significance and the importance of discipline to teachers. It discovers the authorization basis of the discipline from the legal aspects, which justifies the teachers to have the discipline rights. And it also explains the disciplinary punishment, counseling and physical punishment righteousness with the discipline related details, giving explanations separately about clearer discipline concept, and then looking into the categories and models of improper disciplines. From the different views from all walks of life, a systematic outline is pictured. The fourth chapter discusses the teachers’ legal liability after the event of improper discipline occurs. This chapter analyzes the legal liability of administrative punishment, criminal penalty, and the torts in the civil codes after teachers’ improper discipline event occurs, and introduces the procedures and principles in practice. Some discussions about legal matters in question are stated. Also the possible legal liability of improper discipline events is submitted. The fifth chapter collects more typical cases from our country‘s improper discipline events, and analyzes the major types. In addition, from these judicial written judgments, the research analyzes the important views and reference of the courts on the discipline rights. Finally it introduces the legal rules and the principles of handling matters of improper discipline events of main advanced countries, like Great `Britain, the US and Japan and so on. Finally, the sixth chapter analyzes the studies according to the result of the research and the personal practice experience of the writer, reaching to a significant conclusion, and especially several suggestions are proposed for reference.