國民中小學學生申訴制度之探討--兼評析臺北市國民中小學學生申訴處理要點

A Study of Elementary and Junior High Schools' Student Grievance Systems in Taiwan

自司法院大法官會議於八十四年六月二十三日作成第382號解釋文，賦予學生訴願及行政訴訟的權利後，攸關我國學生重大權益之保障制度，正式邁入一個新的里程碑。旋即而來，行政院教改會於總諮議報告書中，呼籲建立學生申訴管道，及教育部於八十六年七月十六日頒定「教師輔導與管教學生辦法」，規定各級學校儘速成立學生申訴評議委員會受理學生申訴事宜，至此電力的我國學生申訴制度之基礎。惟教育部對於學生申訴制度之建立，係採取「授權」省市廳局及各級學校成立申評會之方式，是否確能保障學生之權益，不無疑問。本擬經由文獻探討、相關法規之比較，及對於「台北市國民中小學學生申訴要點」之評析，整理若干意見，用作我國國民中小學學生申訴制度建立及運作之參考。

After Interpretation NO.382 was adopted by the Council of Grand Justices of the Judicial Yuan on June 6， 1995， students in higher education in Taiwan were granted the right to present petitions and lodge administrative complaint cases when they suffer illegal treatment which violates their rights out lined in the Constitution. This Interpretation not only protects students' rights， but also builds a milestone for educational development in the Republic of China. Afterward， the Education Reform Committee of the Executive Yuan suggested that all schools establish students grievance systems. The Ministry of Education also formulated administrative regulations for students， which obliged that all schools establish students grievance committees to handle disciplinary matters. However， the above-stated regulations also adopted a delegated model which authorizes the Education Department of Taiwan Province and Bureaus of Education of Taipei and Kaohsiung City Governments， after conferring with the representatives from teacher and parent associations to promulgate the grievance procedures for students. Thus， different schools have established their own committees， and unpredictable problems in operation became inevitable. This paper uses literature analysis method to elaborate the mechanism of student grievance committees in Taiwan， including their legal provisions， organizational structures， and procedures. The results of this review have produced a number of conclusions， which indicate that current operation of this system still needs to be refined.