國立大學財政的法建構與實踐

Translated title of the thesis: The Financial Law Construction and Practice of the National University
  • 李 佳蓉

Student thesis: Master's Thesis

Abstract

aiwan’s higher education has been rapidly expanding since the mid 1980s . As a result, the state is no longer able to play the role as the sole financial supporter of higher education institutions. The state devolves parts of the fundraising and governance responsibility to individual institution. Various kinds of marketization are widely adopted by public higher education institutions to generate revenues for further development. The financial purpose for individual public higher education institution is to realize the university autonomy and enhance the academic freedom, not for the marketization or effectiveness. The financial purposes and systems of public higher education institutions are not determined by a minority of people, but rather decided by the majority of people in a democratic society. And the constitution is generally held to contain basic society values. In order to identify the finance regime and its purpose in the constitution, we have to begin with a construction of constitution. And we must also use the constitutional protection of the academic freedom to verify the justification and appropriateness of the determination system of finance for public higher education institutions, and to undertake a legal analysis of that system.
This thesis aims to explore the financial issues of Taiwan’s public higher education institutions. After the viewpoint of dualism of the state and society, this thesis begins with a construction of constitutional guarantee of the academic freedom to build a system to guarantee educational finance rights for public higher education institutions. And the public university fund policy has been officially executed since early 1999.This policy has shifted the financial relationship between public higher education institutions and the state from “totally government funded” to “government partially subsidized”. The following section discusses the characteristics of the regulations and analyzes the mechanisms of resource collection and distribution in the public higher education level, as well as the problems we face at the end of this decade. Finally, using the construction of constructional guarantee of the basic rights as theoretical bases for verifying these universities financial reform, of which the academic freedom still needs to be realized.
Date of Award2008 Jul 7
Original languageChinese
SupervisorYue-Dian Hsu (Supervisor)

Cite this

國立大學財政的法建構與實踐
佳蓉, 李. (Author). 2008 Jul 7

Student thesis: Master's Thesis