公立高校教师处罚行为的法律解析

A Legal Analysis of the Act of Punishment for Public College Teachers

纪律是团体秩序的保证,公立高校对教师的处罚行为实乃维护高校团结和秩序,实现高等教育目标所必须。法律的授权、高校的自治权和契约的同意是高校处罚权可能的权力基础。由于处罚行为事涉教师权利的限制与剥夺,故其制定须严守法律优先和法律保留原则,其实施须遵循程序上的正当程序和比例原则。

Discipline is the guarantee of group order. The act of punishment for public college teach- ers is a must for maintaining the unity and order of the college and achieving the goal of higher edu- cation. The authorization of law, autonomy of college, and agreement on contract compose a power base which makes it possible for colleges to enforce the right of punishment. Under the concern that college teachers＇ rights might be restricted and disfranchised, the legislation of this act must strictly follow the principles of law priority and legal reservation, and its implementation has to obey the rules of due procedure and proportionality principle.