| dc.description.abstract | The purpose of this study was to investigate the impact of the trend of low natality that curtailing and combining schools or school district adjustmented, which arising from the issue of the transfer of surplus teachers. Analysing the causes and factors of surplus teachers by the view of education, but also through the analysis of the legal definition of the surplus teachers , protecting the interests of the surplus teachers, the surplus teachers of the distinction of the accountability between central government and the local self-government body, the characteristics of the legal of the surplus teacher , the decisions of the school council and the Board of Teacher’s Review for the surplus teachers,etc. In order to view the rule of law in a democratic country principle,re-examining the existing the transfer institution of surplus teachers.
According to the results of the research, several important conclusions and suggestions are made as follows:
1. To the trend of low natality of the questions, suggesting to promote small-class teaching or to improve teacher-student ratio, not only to promote the teaching quality, but also solving and preventing the problem of the surplus teachers.
2.Should re-examine legal regulations for the transfer of surplus teachers, such as the fifteenth article in the Teacher’s Act of the tranfer of language to clarify to avoid confusing the concept .
3.To the legal term of the transfer of surplus teachers,it is should be a central framework legislation, in order to ensure the Constitutional guarantee of rights and interests of working . Besides pass through the local government according to their autonomous powers, the transfer of surplus teachers for further specific set of self-regulation.
4.Because of the transfer of surplus teachers is a significant impact on the rights of teachers,which impacting the duration of employment protection form the Teacher’s Act,but also changing on the security status of teachers, which is facing the fate of severance. So, the transfer of the surplus teachers’s regulations should not lack the legal authority of the administrative rules.
5.Local government or school should follow the principle of law requirements to set the rule of the transfer of the surplus teachers.
6.The decision for the surplus teachers of the school council and the committee dor teacher evaluation should be strengthened with the due process of law,in order to avoid disputes or unfair.
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