The Legal Controversy in the Procedure of the Private University’s Principal Selection from Kaohsiung Medical University Case
As of the 108 academic year in Taiwan, there are 127 universities in total, of which 45 are public universities and 82 are private universities. Since private universities far outnumber public universities, whether a private university runs well or not will affect many college students. According to the “University Act”, a university’s president is responsible for the overall management of the university as well as the development of its academic affairs, and he/she represents the university externally. In recent years, however, there has been controversy over the selection of a private university’s president. In the procedure of the selection of a private university’s president, the school legal person is the main subject of the freedom of private education with the authority of reviewing important regulations and determining the president’s selection, while the university is the subject of university autonomy with the authority of formulating various important rules. Accordingly, conflicts of interests between the two parties—the school legal person and the university—might arise. The controversial case of Kaohsiung Medical University studied in this article concerns the right of regulations governing the selection of a university’s president. It is claimed that if the controversy is analyzed from the perspectives of the university autonomy and the freedom of private education under the Constitution, the right of selecting a university’s president and related matters should be shared between both of the above two parties.
|關鍵詞||大學自治、私人興學自由、校長遴選程序、學術自由、university autonomy、freedom of private education、procedure of the selection of a private university’s president、academic freedom|