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大学为一自治之学术共同体,且具备完整的内部自治法规范体系,故而大学之治理,乃必须依法而治,而关于大学构成员权利义务事项之规范,更必须符合法治之一切要求。然由于大学内部自治法规范毕竟仍为大学民主自治公决之结果,公决之过程不免有不同立场、意见协调之需要,因而许多章则法规最后面貌之呈现,未必具备前后一贯之逻辑,而单一章则法规条文在整体自治法规范中之地位,亦受到其时间效力或与其他章则法规条文间之优先适用问题等等的影响。这些法规范的认识与适用上的问题,最常因为单一法规修订时未连带解决相关法规的内容而出现,而尽管法规之适用与解释原则必然可以解决法规范之冲突或竞合问题,一旦主事者法学素养不足,便很可能会因无知枉法而出现侵害法益之情况,徒增校务行政和受害当事人之困扰,而更为恼人者,则为校内争端处理机制亦因主持者法学素养不足而失灵,以致最终必须乞灵于“教育主管机关”或“司法部门”获得解决,亦有伤大学自治之旨。本研究将基于实务运作上之考虑,全面检视中华大学现有所有章则、法规,就规范不足或过度者提出修法建议。
The university is an autonomous academic community and has a complete system of internal self-government norms. Therefore, the governance of universities must be governed by law and the norms governing the rights and obligations of members of universities must meet all the requirements of the rule of law. However, since the university internal autonomy law is still the result of the university democratic autonomy vote, the process of the referendum inevitably requires the coordination of different positions and opinions. Therefore, the appearance of many rules and regulations does not necessarily have the consistent logic but a single Chapter The status of statutory provisions in the overall law of autonomous jurisdictions is also affected by the effect of their time or priority issues with other statutory provisions. The problems of understanding and application of these legal norms are most often caused by the fact that the relevant laws and regulations are not jointly solved when a single law is amended. Although the principle of application and interpretation of laws and regulations can certainly solve the conflict of laws and regulations or competing issues, Those who lack legal literacy are most likely to infringe on legal interests because of ignorance and lawlessness. They only add to the troubles of the school administration and the victims. Even more annoying, the mechanism for handling disputes within the school also suffers from inadequate legal literacy of the moderators. Failure eventually results in the settlement of the “education authorities” or “judiciary”, as well as the university’s autonomy. Based on practical considerations, this study examines all the existing rules and regulations of CUHK and provides suggestions on how to amend the law.