台湾地区校园性别平等事件调查处理机制研究

다국어 초록 (Multilingual Abstract)

To investigate and deal with sexual assault or sexual harassment on campus timely and equitable is the function and duty for school. As well, it is important both for justice in individual cases and prevention efforts in future. Since 2004, Taiwan district has established a relatively perfect investigation and handling mechanism of campus gender equality incidents through laws and documents such as “Gender Equality Education Law”. The mechanism covers procedures such as application for investigation or prosecution, emergency disposal, review acceptance, investigation and deliberation, relief and enforcement. This mechanism has the characteristics of following the principle of due process based on gender equality education, independent procedure, respecting professional knowledge, attaching importance to the construction of investigation professionals, and has achieved good results in promoting the standardization and legalization of investigation processing. But during the process of operation, it has also exposed some problems such as unprofessional work of investigating officer, oneness of the mechanism and constraints from administrative power. The study on the investigation and handling mechanism of campus gender equality incidents in Taiwan can provide a mirror for the system construction in Mainland China.

다국어 초록 (Multilingual Abstract)

对涉及学生的校园性骚扰性侵害事件进行及时和公正的调查处理，既属学校的职权范围，也是其职责所在；既关乎个案正义，也对未来的防治工作具有重要意义。自2004 年以来，我国台湾地区通过“性别平等教育法”等法令文件构建了较为完善的校园性别平等事件调查处理机制，涵盖申请调查或检举、紧急处置、审查受理、调查和议处、救济和执行等流程，具有以性别平等教育为根本、遵循正当程序原则、程序独立与尊重专业知能、重视调查专业人才建设等特征，在促进调查处理规范化和法治化方面取得了不错效果，但在运行中也暴露出调查人员专业性难以保证、调查处理模式单一、面临行政力量掣肘等问题。对台湾地区校园性别平等事件调查处理机制样貌与得失的考察，能够为大陆的制度建设提供镜鉴。