大學校園自治法規範之研究——中華大學個案

On Autonomy Legal Norms in University: A Case Study of Zhong Hua University

大學為一自治之學術共同體，且具備完整的內部自治法規範體系，故而大學之治理，乃必須依法而治，而關於大學構成員權利義務事項之規範，更必須符合法治之一切要求。然由於大學內部自治法規範畢竟仍為大學民主自治公決之結果，公決之過程不免有不同立場、意見協調之需要，因而許多章則法規最後面貌之呈現，未必具備前後一貫之邏輯，而單一章則法規條文在整體自治法規範中之地位，亦受到其時間效力或與其他章則法規條文間之優先適用問題等等的影響。這些法規範的認識與適用上的問題，最常因為單一法規修訂時未連帶解決相關法規的內容而出現，而儘管法規之適用與解釋原則必然可以解決法規範之衝突或競合問題，一旦主事者法學素養不足，便很可能會因無知枉法而出現侵害法益之情況，徒增校務行政和受害當事人之困擾，而更為惱人者，則為校內爭端處理機制亦因主持者法學素養不足而失靈，以致最終必須乞靈於“教育主管機關”或“司法部門”獲得解決，亦有傷大學自治之旨。本研究將基於實務運作上之考慮，全面檢視中華大學現有所有章則、法規，就規範不足或過度者提出修法建議。

University is a selfgoverning academic community and has complete internal autonomy norms. Therefore, university governance and the management of right and duties of university members have to follow the rules of the law. However, because the autonomous legal norms at universities are the products of the universitys democratic decision, and the democratic decision is the consequence of the coordination of different positions and opinions, the final vision of many regulations is not logically coherent. Moreover, the validity of the rules in the entire autonomy norms is influenced by timeliness and its relationships with other rules, such as the priority of the application of the norms and rules. Almost the problems of rules recognition and application appear when an ordinance is made or amended and its connection with other relevant laws is not considered. Although the principle of rules application and explanation could resolve rules conflicts and concurrence, if the administration has no sufficient legal knowledge, it is possible for them to damage legal rights and interests due to their innocence and create trouble to the university administration and relevant parties. What is more confusing is that the cause of the failure of dispute resolution at the university is the administrations innocence of legal knowledge. As a result, they have to seek assistance from “the minister of education” and “the judiciary” to resolute disputes at the university, which will harm the university autonomy more and less. This study is based on administrative practical consideration to fully view all rules and regulations at Chung Hua University. It will propose some constructive suggestions for Chung Hua University to amend existing rules.