有關教科書審定中課程綱要之爭議，在我國總與政治扯上邊，早從國民政 府來台前，課堂上教授的內容往往不脫離主政者所喜好，人民似僅能被動的接 受主政者的喜好而無法有選擇的餘地，即便隨著時代演進，教育理論與教育方 式均有或多或少的改變，但人民在教育體系被動的地位仍未曾改變。然而隨著 台灣從威權走向民主，人民的屬性也不同以往，當人民有能力提出對於教育內 容之意見，與政府的衝突是必然的，而台灣貴為法制社會，人民對於課綱訂定 程序或內容若有合法性之質疑，理當尋求司法之救濟，原則上課綱為機關所為 的行政行為，其救濟途徑應循行政訴訟，但現實是，本次103 年課綱微調事件 卻因為司法實務將其定位為法規命令而無法獲得立即有效的救濟，也因此本論 文試圖以釐清課綱的行政行為屬性為出發點，探討各學者間對於課綱不同行政 屬性的看法以及救濟途徑，以供未來類似案件爭訟之參考。;In our coutry ,the disputes regarding on Curriculum Guidelines is always related to the politics. Before the National Government came to Taiwan, the content taught in the classroom is often not out of the preferences of the governor, and the people seem to be able to passively accept the preferences of the governor and have no choice. Even with the progress of the times, educational theories and methods have changed more or less, but the only thing that remains unchanged is that the people still on the passive position in the education system. However, as Taiwan has moved from Authoritarianism is moving towards democracy, and the attributes of the people are different from the past. When the people have the ability to put forward their opinions on the content of education, conflicts with the government are inevitable. Taiwan is a society under the rule of law. If the people have doubts about the legality of the Curriculum Guidelines or content ,it is reasonable to seek judicial relief. In principle, the Curriculum Guidelines is an administrative act performed by the administrative agency. The remedy should be through administrative litigation. However, the reality is that the Curriculum Guidelines fine-tuning incident in 2014 was positioned as a legal order due to judicial practice. It is impossible to obtain immediate and effective relief. Therefore, this thesis attempts to clarify the administrative behavior attributes of the Curriculum Guidelines as a starting point, and explores the views of various scholars on the different administrative attributes of the syllabus and the ways of relief, so as to provide reference for similar cases in the future.
