The Legal Analysis about incompetent teacher of the Elementary and High Schools

Abstract

Students as the main body of fundamental right to education the public authority has the obligation to give them protection in the education process Especially the problem of incompetent teacher has existed for a long time After many revisions we always hope to build elimination mechanism for incompetent teacher Observing from the reality although the Ministry of Education has established relevant elimination and guarantee mechanisms in the current legal norms And recently passed the new amendment teachers law But review the new amendment teachers law the norms is not complete Under the principle of clarity and definiteness of law it is possibility of depriving the right to work of teachers At the same time when the Ministry of Education handles incompetent teacher it is easy to be influenced because of parents educational groups and public opinion There are some doubts about whether the behavior of some teachers can really constitute the legal requirements of incompetent teacher In response to the§16(1) and §19(4) of new amendment teachers law It is a continuation of the requirements of the old teacher law in the past which only to be changed in the amendment number Resulting in practical interpretation of the concept can’t control the indefinite concepts of law This paper first constructs the fundamental right to education for elementary and middle School students and the basis of teachers' work rights Then reviews principle of legal reservation principle of clarity and definiteness of law and focus on conflict of fundamental right Basis For the interests measurement of the elementary and middle School students' self-fulfillment Make constituting requirements for incompetent teacher can be more specific in legal interpretation Finally we will review our country’s practical opinions and propose amendments to the law To ensure the fundamental right to education for elementary and middle School students and the right to work for teachers In addition starting from the principles of democracy and organization and procedural guarantees the foundation of teacher review committees and teacher professional review committees will be structured and problems that may arise from their organization and operation will be explored In particular when teachers are incapable of teaching or incompetent they need to be dealt with by the two systems of the teacher review committee and the teacher professional review committee The teacher professional review committee is a feature of the newly revised teacher law At present the teacher law is revised there is still a lack of positioning and discussion Finally it puts forward the problems faced by the teacher review committee and the teacher professional review committee in the operation and the court practice in the trial It is hoped that a dialogue can be obtained in the theoretical and practical judgments which will be used as a reference for future law revision or the actual operation of the education authority

Date of Award	2020
Original language	English
Supervisor	Yue-Dian Hsu (Supervisor)