大學學生會會費收取的法律分析與檢討

Translated title of the thesis: The Legal Analysis on Membership Fee of University Student Unions
  • 永全 童

Student thesis: Master's Thesis

Abstract

This thesis aims to explore of the membership fee of university student unions and proceeded with legal analysis. The University Law Article Article 33(28 December 2005): universities shall tutor the students to organize a student union and other related self ruling organizations consisting of members elected from students of the whole university to improve the students’ study and ability of self rule. The student union refereed to in the previous paragraph may charge a membership fee from members; the university shall collect the membership fee for the student union.
According to the rule, it forms three directions legal rules between university, student unions and students. However, we wonder if the third rule conform to privileges or not. We will analyze the constitution of autonomy of university students according to interpretation of the Constitution in this thesis, and it is constitutional to limit the right of the basic theory for the University Law Article 33 third. Besides, the rules above allow student union rights to collect the fee of student unions, and further, it forms a legal relation between university and students as a principal part of legal relation, therefore it is necessary to demarcate the legal properties of student union. We tried to address the essentials of subject of administration or public legal person after reviewing the general understandings of the academic circle. We consider that student union has capacity of subject of administration or public legal person. It could be the legal capacity of a person.
Although student unions are been giving the power to collect the fee of student unions, it will be a problem that student unions should choose what kind of enforcement if students don’t pay the mebership fee of student unions when the student union wants the exercise of right to be assured. After analyzing the current three enforcements of obligation to pay forfeit of compulsory enforcement laws.. We address this standard as compulsory enforcement stage that under obligation to pay forfeit of Compulsory Enforcement Act, and estimate that the fee of student unions has paid or not . According to Administrative Execution Act has to send the case to the administrative enforcement operated by the professional agency—Administrative Enforcement Agency of Justice.
Date of Award2010 Jun 28
Original languageChinese
SupervisorYue-Dian Hsu (Supervisor)

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