私立大專校院退場機制及其行政救濟之探討

A Study on the Closure of Private Higher Education Institutions and Its Administrative Remedies

隨著一九九○年代教育改革推動大學廣設政策，私立校數量快速增加，但少子化趨勢導致學生數量銳減，進而引發招生不足、財務危機及教學品質下降等問題。為解決此類困境，二○二二年公布實施之《私立高級中等以上學校退場條例》，規範私校在經營不善時的退場程序，包括列為專案輔導學校、停招與停辦等措施，並重組董事會以保障學生及教職員權益。本文聚焦於該條例實施後的行政救濟問題，通過分析實務案例，探討利害關係人範圍認定與法人代表權更迭對行政訴訟的影響，期望為相關制度的完善提供參考。

In the 1990s, significant education reforms to establish universities spurred a rapid rise in private schools. However, this growth coincided with a troubling birthrate decline, drastically decreasing student enrollments. This situation has led to critical issues, including insufficient enrollment numbers, financial instability, and a noticeable decline in teaching quality. The Act Governing the Closure of Private Educational Institutions at Senior Secondary or Higher Level at the Senior Secondary Level or Higher was introduced to tackle these pressing challenges in 2022. This essential legislation provides a structured approach to managing the exit of struggling private schools. It offers solutions such as designating institutions as specially assisted schools, suspending new enrollments, and facilitating closure. This paper delves into the administrative relief issues stemming from the implementation of this act, analyzing real-life cases to identify the breadth of stakeholder involvement and the implications of shifts in corporate representation in administrative litigation. The goal is to provide valuable insights for enhancing the existing legal framework and ensuring the future stability of private education.