A Study of Administrative Litigation Cases in Relation to the Determination of School Bullying Events and Relevant Legal Issues: With a Focus on Relief Approaches in Article 23 of “School Bullying Prevention Guidelines”
As bullying has a profound impact on students’ personality rights, and in order to create friendly campuses and protect students from any forms of bullying during studying in schools, Taiwan has developed “School Bullying Prevention Guidelines” as a legal basis. In this paper, legal implications were discussed by focusing on the relief approaches in Article 23 of the Guidelines, and current relief approaches for the determination of school bullying events were analyzed and reviewed through administrative litigation cases. The current operating system has been found to have the following four defects and difficulties: 1. failure to give clear instructions to relevant parties; 2. duplicate and redundant administrative internal relief approaches; 3. difficulty in utilizing the relief function of complaint procedure; and 4. impediment for related parties to selecting relief approaches due to undefined legal implications. In this paper, the following suggestions were offered: 1. provide clear relief instructions instead of quoting legal provisions only; 2. reorganize administrative self-review procedures; 3. apply to education administration authority for relief after an appeal procedure; and 4. reconsider amendments to Article 23 of “School Bullying Prevention Guidelines”.
|關鍵詞||申訴、行政自我審查、校園霸凌、訴願、complaint、administrative self-review、school bullying、appeal|