Research On Legal Issues In The Professional Title Assessment For Public University Academic Staff From The Perspective Of Comparative Research Between Taiwan And The Mainland

In recent years, disputes in professional title assessment are commonly seen in public universities, and the lack of rights protection in professional title assessment of public university academic staff are widely in controversy. Professional title assessment of public university academic staff is an act to evaluate the academic ability and teaching performance, so well as to confer certain rights and therefore impact on the legal status of such candidate professor. This thesis researches on the rights and duties in professional title assessment from the perspective of the legal status of public university academic staff. To diversify the research, this thesis also conducts a comparative research on the current professional title assessment system and recourse scheme in Taiwan region, which is expected to contribute to the improvement of professional title assessment system and to the protection of academic staff’s rights.The context of thesis has five parts in addition to introduction and conclusion, which are as follow:The first part is an "Introduction to the legal status of public university academic staff’. Academic staff of public university was categorized as public servant under the appointment scheme. However, this legal status is becomes unclear and controversial under the current employment scheme. Although the legal status of public university academic staff varies in different legal relationships with the university, this thesis suggests that the its legal status shall comply with the properties of its identity as academic staff.The second part is "The legal attributes of the conduct of professional title assessment for public university academic staff". Due to the inadequacy and lag in legislation upon public university professional title assessment, there hardly exists any consensus on the legal references, assessment process and procedural justice of the professional title assessment. Furthermore, the lack of recourse scheme provides no solution but has fueled up such disputes. Therefore, it is essential to conduct the theoretical research on the legal attributes of the conduct of professional title assessment for public university academic staff, as a specific administrative act, before discussing any institutional improvement.Part three addresses "the due process of professional title assessment for public university academic staff’. This part researches on the legal basis of and its implementation in professional title assessment for public university academic staff from the aspect of procedural justice during the assessment process. The example of Taiwan region, where the establishment and purpose of professional title assessment system is close to the mainland, is comparatively researched in this part in reference to the discussion of procedural issues in the assessment process in the mainland.Part four focuses on the "recourse system of professional title assessment for public university academic staff". This part introduces the ex post recourse system of the assessment and discusses the legal basis and practical problems in the recourse, by appealing and judicial review, of professional title assessment disputes. This part also refers to the Taiwan experience for comparative analysis.Part five is about "improvement suggestions on rights protection of public university academic staff in professional title assessment":To protect the rights of academic staff of public university in professional title assessment, it is first necessary to clarify the contour of public university’s powers and the rights of its academic staff. Furthermore, with no infringement of academic freedom, it is also necessary to clearly define the properties of act of professional title assessment by legislation, and to preserve the due process and establish the recourse system in such assessment.