| Abstract: | 國家經由大學法創設大學之基本制度，並建立「校務會議—校長」之分權模式，且對大學預算、會計、審計、人事等法領域課予綿密之法令制約，長期以來國立大學被定位為行政機關，導致減損大學財務、會計及人事自主，不利大學績效責任。近年，日、韓、新加坡及香港早已改採如美國高教之「多元治理」方式，以經營公立大學。有關大學經營專業或公共議題之重大事務，交由具校外參與者之理事會決定，該等理事會不僅補強學術、產業之專業，亦有助大學校務發展與社會、企業及國際脈動相結合。 本研究擬分二大面向進行：（一）於不影響國立大學教職員退撫及任用權益之前提下，聚焦處理「國立大學自主治理制度」法制化相關議題，以不修法為前提，避免不必要之大規模改革及法規增修，以減低校內外政策成本。（二）因應國立大學之特色及發展需求，研究其自主治理制度建立之可行性與相關配套措施。期能於全球化變動快速之時代，透過組織內部程序之彈性化，達成大學自主治理之設計目的。最後，透過文獻分析、各國法制比較研究等方法，逐步釐清爭點，檢視「國立大學自主治理制度」此一政策建議之適法性與可行性，參照國外立法、理論及實踐經驗，比較分析，以期擴展對此一問題理解之廣度及深度。
Many states have created the basic system on their national universities through enacting related laws, which have established a decentralized model dividing powers between Principal and Council. State laws have also put strict legal restrictions concerning on budget, accounting, auditing, personnel etc, and as the reverse of the medal national university was long seen as an administrative organization, reducing its autonomy on many aspects, such as finance, accounting and personnel. However, this would cause undesirable effect on performance accountability of university. In recent years, Japan, Korea, Singapore and Hong Kong have already changed to American higher education model, known as a "multiple control model", in order to manage their national universities. Through authorizing a council of external participants to decide important issues which relate to management or public affairs of university, university can improve its academic and industrial potentials, on the other hand it makes possible to keep university walking along with local society, business and international society. The main focus of this study is put on two points below: (a) Under the condition that the existing system concerning retirement and appointment of national University staff should not be affected, this study investigates related legal issues of "The national university self-governance system ". Amendment of laws is here basically not considered, in order to avoid unnecessary large-scale reforms and reduce internal and external policy costs. (b) To match characteristics and needs of development of national universities, this study researches on feasibility of self-governance system and its related measures. At this time of globalization, any changes are made rapidly, so the main goal of self-governance system can only be achieved through increasing flexibility of internal procedures. At last, through analyzing literatures and using comparative legal study method, this study clarifies the issues on feasibility and legitimacy of "national university self-governance system”, referring to foreign legislations, theories, and practices. |
