On the Judicial Remedies in the Decision of Dismissal Suspension or Discontinuation of Professoriate—Focusing on the Clarification of Administrative Acts

Abstract

There are several formal dispute-resolution mechanisms established to deal with disputes concerning dismissal suspension or discontinuation of the professoriate However to protect the rights of university teachers it is of vital importance to clarify certain administrative acts related to the education authority and the university The aim of this study is to take a close examination of how University Acts and Teachers’ Act function or operate during the process of decision-making in terms of the dismissal suspension or discontinuation of a professorial post in Taiwan In consideration of the possible legal interpretation and application of University Act as well as Teachers’ Act the court’s verdicts on previous lawsuits and the scholarly opinions it is concluded in this study that the university’s decisions of dismissal suspension or non- renewal are expressions of intent in the contract Furthermore I here propose that the approvals made by the competent educational authority to the public and private universities shall be both interpreted as administrative dispositions As far as remedy route is concerned I proposed that the teacher's appeal the administrative appeal system and the administrative litigation shouldn’t be discarded lightly and the appropriate remedy route should be chosen according to different cases among which filing a litigation against the approval is deemed most efficient As a result the remedy route can be chosen properly to an extent to follow the basic principle the country shall ensure the professoriate leave no loophole and unblocked right to relieve

Date of Award	2019
Original language	English
Supervisor	Wei-In Tsai (Supervisor)