The Study on the Case of Appeal Judgement for Central Teachers Appeal Judgement Commission in Ministry of Education: Example Analysis of Teachers’ Appeal for Elementary and High School

• Main Authors: HSU, YUAN-KAI, 徐源凱
• Other Authors: HSI, DAI-LIN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/d6737j

碩士 === 銘傳大學 === 公共事務學系碩士在職專班 === 107 === There is an old law proverb with says, “There is a right and there is a relief. But if there is a right without a relief, it is not the right.” This is the basic principle of democratic law - based countries. We designed a teacher’s appeal system of Teachers’ Act in teacher’s legal remedies system. When a teacher considers the measures taken against him/her by the competent educational authority or the school illegal or inappropriate, and so his/her rights are damaged, s/he can appeal to the Teachers' Appeal Review Committee at all levels. This study also found that the proportion of cases in which the original complaint was withdrawn due to procedural justice was high. This situation shows that the case which procedure is not complete and the actual situation is not discussed is the first key to judgement in the law system of assessment authority. This understanding and administrative procedures are still insufficient. Therefore, the agency-in-charge is fine to compile the Standardized operating procedures within the situation of the common procedures are incomplete in the case of the judgement and conducting the education training in government agency to let all the judgements are legitimate.