最後，本文將提出若干建議，在立法者與行政機關有作為義務卻仍不作為時，未來編制外專任教學人員在實務上，應如何使其法律地位與基本權利受到固有的保障之解方與可能的方向。;Affected by the interaction of many factors such as social facts, the proportion of full-time teaching staff appointed outside the establishment in colleges and universities in China has gradually increased. However, there have been many disputes over the legal status and rights protection of full-time teaching staff outside the establishment. Still using administrative rules to restrict related basic rights is actually contrary to the principles and principles expressed in our country′s constitution.
The Judicial Yuan Justice Interpretation Letter No. 443 constructs the principle of hierarchical legal reservations and holds that "what matters should be directly regulated by law or stipulated by entrusted orders are related to the so-called normative density and should be determined according to the object and content of the norm." or legal interests themselves and the severity of the restrictions to which they are subject, reasonable differences are allowed." And "restrictions involving other people′s freedoms and rights should also be stipulated by law. If the competent authority is authorized by law to issue an order as a supplementary provision, its authorization It should comply with specific and clear principles. However, regarding the legal status and related basic rights restrictions of established foreign full-time teaching personnel, the Ministry of Education chose to use the administrative rule "Implementation Principles for the Recruitment of Foreign Full-time Teaching Personnel in Colleges and above" as a basis. , which may violate the principle of the rule of law in our country′s Constitution. The connotation of university autonomy should also protect the realization of other basic rights of teaching staff in the university. Therefore, this article will start from the principles of social justice and equality in the principles of the Constitution, explore the lack of basic rights protection for foreign full-time teaching staff under the current legal system, and summarize the basic rights protection foundation and university autonomy of foreign full-time teaching staff in our country’s constitution. interactive. And observe how countries, facing the same social facts as Taiwan, use legal systems to respond to situations such as the declining birthrate and the marketization of higher education.
Finally, this article will put forward some suggestions. When legislators and administrative agencies have the obligation to act but still fail to act, how should the legal status and basic rights of foreign full-time teaching staff be properly protected in practice in the future.
