대만(台灣)의 교육법 체계에 대한 비판적 고찰 = A Critical Review of Taiwan's Education Law System

다국어 초록 (Multilingual Abstract)

As seen in the analysis of the Taiwanese education system so far, the current Taiwanese education system has excessively expanded educational administrative authority, and the educational ideology stipulated in the Constitution is not systematically implemented through education laws to guarantee the people's basic right to education, nor is there an orderly system of education laws according to the principle of reservation of law stipulated in the Constitution for each educational stakeholder or educational field.
Therefore, in order to realize the people's basic right to education and the educational principles declared in the Constitution, it seems necessary to prepare a plan to systematically revise the education laws according to the educational principles stipulated in the Constitution as soon as possible. If we are to transform the current education system in Taiwan into a system that complies with the educational principles of the Constitution, it seems inevitable that we will have to systematically reorganize the relevant laws and regulations in the areas of fundamental provisions on education, provisions on educational administration, provisions on educational activities, and provisions on subjects of educational activities.
First, in terms of the principle provisions on education, in addition to revising the constitutional principle provisions on education, it is necessary to incorporate the principles of education into the Basic Education Act and to stipulate in the Basic Education Act the education-related systems that are not properly regulated in the Constitution or are inappropriate to be stipulated in the Constitution, as well as important educational principles under international law.
In addition, with regard to educational activity standards, it is necessary to enact individual laws for each school level in order to efficiently manage educational activities at each level of school, and to specify the minimum curriculum standards for each level of school education by law. In terms of social education, it is necessary to establish a lifelong education system that promotes the establishment of a lifelong learning society by enacting a lifelong education law. Lastly, among the laws related to the subjects of educational activities, laws related to the rights and interests of educational stakeholders that are operated in the form of ordinances or administrative regulations need to be revised to the level of law in accordance with the principle of reservation of law.
However, in order to achieve the goal of reforming the education system to implement the educational ideals and principles stipulated in the Constitution and realize the people's basic right to education, the will of the educational authorities to realize the ideal of educational reform through reform of the education law system and the continuous interest and support of the stakeholders related to education are required above all else.