校園開放政策及其法令之研究分析

Studies of Open Campus Policy and Relevant Ordinances

本文採公法釋義學研究方法，檢視各級校園空間開放、場地設施申請借用之政策、法理、法規及作業程序四大面向，進而析論其妥適性；兼取成本效能分析，評估校園開放政策之可行性。爰因關注程度不一，該等法令類別有兩，一自治條例、二行政命令。毋庸申請、自行運用的校園公共空間之開放，隸屬公法關係；至於特定區域之申請借用事實，不隸屬單一公法之作用法關係。前半段申請使用之准駁、繳費程序為「行政處分」；至於設施使用契約之締結，及其後之履行一部份，歸諸「行政契約」階段。其所生之爭議，分循訴願或行政訴訟予以解決，俾保障人民憲法上之訴訟權。本文特就該等政策與法令提出相關課題分析，最後根據研究結論，研謀對策，俾供參考。

This study viewed the four dimensions of policy, principle of law, regulation, and operating procedures of domestic campus opening and application for usingvenues and facilities, and analyzed their appropriateness by means of a legal dogmatic approach. This study also evaluated the feasibility of an open campus policy through a “Cost Effectiveness Analysis”. Due to varying degrees of concern, two categories about these decree “Self Government Ordinances” and “Legal Orders”. Discretionary use of public areas about campus open space policy is subjected to the public law relationship. Applying and using procedures for specific areas do not belong to single functional law relationships. The firsthalf of the procedures, such as approval or rejection of an application for use and payment belongs to public law events, “administrative sanction”, and the last half of the procedures, such as concluding contracts of using school facilities and fulfillment, could be attributed to another public law event,“administrative contract”. The controversies could be solved by administrative litigation in accordance with a functional law system between administrative sanction and contract in order to protect a user’s constitutional right of action.This paper proposed an analysis of related topics concerning campus opening policies and ordinances. Lastly, based on research conclusions, this paper recommended measures to serve as a reference in the future.