Abstract“Ubi jus ibi remedium” is a Latin legal maxim which means where there is a right there is a remedy. It is always an import idea in principle of legal country and is the prerequisite of modern legal countries. The special power relationship varies with different historical factor and time. People suffer for different kind of restrictions and infringement from administrative organizations. However, where there is a right, there is remedy. Grievance system is a part of administrative remedies. To seek for balance and supervision through remedial system when administrative organizations violate legal provisions or legal concepts and make illegal decision or improper administrative decisions. The supervision and balance system triggered by students enables the schools, Ministry of Education and the courts to review after the fact.
Student grievance in Taiwan to be known as a legal country influenced by special authority relation for long, is still unable to represent its principle of legal country in full. Until January 1994 the amendment of University Act, the term “student grievance” was officially adopted. Then by judicial review students is endowed a right to complaint. For these ten years, student grievance has been executed according to “Principle for University and junior college students grievance system”issued by Ministry of Education. Nevertheless, the current system still needs to improve. This thesis tries to interpret constitutional values and Constitutional basis in the student grievance from the basic principles of the Constitution and provide comprehensive suggestions on the issues of current practices through my working experiences.
|Date of Award||2010 Jul 19|
|Supervisor||Yue-Dian Hsu (Supervisor)|