Administrative Remedy System for Teachers in Taiwan-Focusing On the Legality of Exercise of Teacher's Disciplinary Bahaviors
| Autor: | Hsiu-Hsia Lee, 李秀霞 |
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| Rok vydání: | 2011 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 99 The purpose of this study is clearly defined the role of teacher, when their position or rights and interests are infringed, under the authority of law, there is an opportunity to protect their position or rights and interests with administrative remedy system. From the ancient time, teachers play a very special role, who intend to make students good, comes to 「Spare the rod and spoil the child」. Based on this concept, whether it’s autonomy exercised legally by teachers or it’s just punishment behavior against students’ rights, is part of the study to be clarified. If teachers under the authority of the law exercise the disciplinary right their position is infringed or changed where to get their administrative remedy is also the purpose of this study. Teachers owned a very lofty position in ancient times. “On The Teacher” the article written by Han Yu (768-824) said: 「Teacher is the one who could propagate the doctrine, impart professional knowledge and resolve doubts」 that summarizes the basic view for the rights and obligations of teachers. Another phrase said:「Heaven, Earth, Sovereign, Parents and Teachers」representing the nobleness of teachers. A phrase from “ San Zi Jing” said:「It’s the parents’ fault to rear but not teach」indicates the society requires teachers to discipline students strictly. However, with the changing times, the relationship between people is more complex and people get more pictures on their rights and obligations. The traditional role of teachers was influenced by Humanism that subverts their traditional mission. Teachers themselves as teachers in classroom management approach or the exercise of disciplinary right is often interpreted as punishment of teachers to students for society. Thus, whether to give the disciplinary right to teachers is still on dispute and society always focus on the advantages and disadvantages of corporal punishment. Teachers encounter the issues of their rights and obligations but are always ignored, so that the disciplinary rights for educational purpose are synonymous with corporal punishment. The objects on this study are especially for primary and junior high school teachers discussing after the exercise of disciplinary behaviors how to protect their position and respect in the administrative remedy system under the authority of law given to teachers. First, define the role of teachers by law and explain the relationship between disciplinary and corporal punishment. Then discuss whether the teachers have the disciplinary right, according to which foundation and it’s legally scope? Second, classify the disciplinary behaviors and offer my opinions on the reasonable limits. While a dispute occurs after exercise teachers can protect their legal rights and interests under the law. Moreover, another issue to be concerned is not the illegality of exercise of disciplinary behaviors, but teachers exercise legally their rights given by law in the difference cognition on the system and law from students, parents and society, leaded to the unbalance of rights and obligations the procedure of administrative remedy system. In conclusion, how to define reasonable discipline won’t be misunderstood as corporal punishment. Teachers have to propagate the doctrine, impart professional knowledge and resolve doubts but also to fully understand the rights and obligations between teachers and students, so that teacher-student relationship harmony rather than conflict, which is also the main topic of this study. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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