The Law Guarantee Of Academic Freedom In Taiwan

The academic research and innovation can be said that it is essential mental activity for the transmission and development of culture, the expansion and ascension of people’s knowledge as well as the social reform and progress. Academic research activities should be avoided by improper interference and intervention, which is the most important meaning of academic freedom guaranteed. In recent years, Taiwan has paid more and more attention to the guarantee of academic freedom, more and more research of academic freedom has been done, and has been formed a relatively perfect security in both the interpretation of "constitutional" practice and theory of academic freedom. The interpretation that the justice of Taiwan judicial yuan made for academic freedom not only enrich the connotation of academic freedom in Taiwan law, but also realized the function of the basic rights of academic freedom conferred by the "constitution", making it a vitality fundamental right. Therefore, this article explains the security issues of academic freedom in Taiwan in the perspective of justice explanation, and in which we can find the way to protect the academic freedom in Taiwan and the logic behind the "constitution"There are five parts in this article:the first part is the introduction, which makes a comprehensive introduction of the research significance, current research status and research methods of this paper. The second part is the legislation safeguard of academic freedom in Taiwan. Legislation safeguard provides foundation and basis for judicial safeguard, this is the logical starting point to run the "constitution", this part will be combed from the two different legal stages:the legislation safeguard of the "constitution" and the law, analyzing the ways and features of different legislation safeguard, studying the value and function of the academic freedom in each legislation. The third part is the judicial safeguard of academic freedom in Taiwan. Through the combing and analysis of relevant justice interpretation, we can find the concept of academic freedom and the related issues in the perspective of justice interpretation. Through the combing and analysis of relevant justice interpretation, we can find the academic freedom in the perspective of justice interpretation as well as the explained logic and reason for some controversial points, specific involved in university autonomy identified, the conflict management between academic freedom and public power, and the problem of the relationship between university autonomy and legal reserve, etc. The fourth part is theoretical construction of academic freedom in Taiwan. The development of theory and law practice are complementary, theoretical study of academic freedom in Taiwan also construct relevant theoretical guarantee. This part are discussed from two aspects:the concept an basic function of academic freedom, and gives this pape views of the controversial issues about the justice interpretation presented above. The last part is the conclusion. It is the review and summary of the full text, and it hopes to provide some reference for the guarantee of academic freedom in our country.