論大學自治與教師升等的衝突

The Conflict between University Autonomy and Faculty Promotion in Universities of Taiwan

大學自治屬憲法講學自由之保障範圍，故大學對於直接關涉教學、研究之學術事項，享有自治權。大學教師升等資格之審查，則涉及人民工作權與職業資格之取得，故國家亦須透過法制度、組織及程序之妥適建制與保障，以確保此一基本權利。本文首先探討學術自由與大學自治的法源，並論述大學自治與教師升等間所生衝突的問題。其次檢討大專教師升等資格審查之正當法律程序，於教師升等未獲通過時尋求權利救濟之行政救濟途徑，以確保大專教師之權益，實踐憲法保障學術自由之意旨。

The ROC Constitution provides freedom of teaching, which includes university autonomy. Therefore, all universities in Taiwan have the right of autonomy in teaching, research, and other academic matters. As the review of faculty promotion is associated with the right for people to work as well as obtaining vocational qualification, the state is obligated to guarantee the right of faculty promotion through legal systems, organizations and procedures. This paper, beginning with exploring the legal source of academic freedom and university autonomy, aims to discuss the conflict between university autonomy and faculty promotion. In order to ensure university teachers’ rights and interests and to fulfill the protection of academic freedom in the Constitution of the ROC, it also reviews the due process of law in assessing university teachers’ qualification for promotion and the way to administrative remedy for those who fail for promotion.