| Summary: | 碩士 === 國立臺北教育大學 === 文教法律研究所 === 100 === The procurement of the compulsory education textbook (hereinafter refer to as “the Procurement”) is conducted by the special municipalities, counties/cities to execute an inter-entity supply contract with the supplier in accordance with the Article 8-3 of National Educational Law and the essentials about the Ministry of Education procuring the compulsory education textbook. Since there are many issues in the procedure of the Procurement, this thesis aims to discuss on those issues, especially on the legal issues of the Procurement.
This thesis contains four parts. First, this thesis discussed the importance of the textbook in the compulsory education in order to decide the role that the government should play in the Procurement. In this part, we can find that the textbook is indispensable to the compulsory education, and the government should have the obligation to provide the textbook to the students. Second, this thesis analyzed the legal structure of the Procurement and found the defects existing in it, which including the contradiction between the Article 8-3 of the National Educational Law and textbook paid supply system, the Article 8-3 of the National Educational Law violating the “Bestimmtheitsgebot”, and the essentials about the Ministry of Education procuring the compulsory education textbook violating the “Vorbehalt des Gesetzes” and “Vorrang des Gesetzes”. The third part surveyed the compulsory education textbook system of Japan in order to find some referable conception for the improvement of the Procurement. Finally, basing on the above-mentioned parts, this thesis reached a conclusion and submitted a suggestion to the Procurement.
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