我國公立中等學校以下代課、代理教師相關法令之研究

近年來在大法官解釋中日益著重於基本權的維護及正當法律程序的審查，其中國家與教師身分之關係也逐漸明朗化，本研究是以我國公立中等學校以下代課、代理教師相關法令作為研究主題，據此探討師資培育政策的立法過程及受到教育市場化之影響，師資人力分配失衡的問題，透過《憲法》基礎下的法規範，依層級向下探究相關法規、辦法的制定過程及背景，析論代課、代理教師制度現況的困境與突破。從2000年到2010核證教師職業情況，發現從事正式教師的比例逐年下降，相對從事代課、代理教師的比例逐年提高，這個現象同時說明儲備制的師資人力，受到市場機制及教育政策的影響，成為各地縣市政府開出正式教師缺額前過渡時期的選擇，代課、代理教師為學校中正式教師因各式假缺所遺之課務，從而聘任員額以外的教師從事代課或代理的工作。本研究欲從法規範的角度分析師資培育政策多次改革的影響下，代課、代理教師制度於法規範轉變的過程，以及少子女化、教育市場化的背景脈絡下，代課、代理教師於教學現場角色地位之變化，基於上述因素從中研究影響代課、代理教師制度相關的政策及法律制度。最後希冀透過本研究釐清研究的主題，旨在探究代課、代理教師制度的現況及突破，從法規範的觀點來審視本研究之對象，期望於完備的教育法規命令下，使代課、代理教師之工作不僅能受到權利的保障也能強化其義務，建構臻於完備的代課、代理教師之法規制度。

關鍵字

工作權；代課或代理教師

並列摘要

In recent years, by interpretation of the Judicial Yuan, it primarily emphasized on the protection of basic human rights and scrutinizing of due process of law, in which the relationship between the country and a teacher must be properly addressed. The research focused on relevant laws for substitute teachers in public secondary schools or of lower grades to investigate the legislative procedure for teacher training policy and the market influence on education, as well as the issue of unequal distribution of human resource management for teachers. By laws and regulations under the Constitution, analysis by grades would explore the legislative procedure of existing laws and regulations to reach an understanding of current issues and possible breakthroughs for system of substitute teacher. From 2000 to 2010, for the teacher certification, it was found that the percentage of formal teacher was decreasing annually, while the percentage of substitute teacher was increasing. The phenomenon suggested the reserve human resource was affected by the market orientation and education policy. And, it had become a choice for teacher before various municipal and county government released more position for formal teacher. Substitution in place of various absence of formal teacher allowed these teachers to conduct works of replacement in education. The research would attempt, in the perspective of laws and regulations, to analyze the influence of multiple reforms in teacher training policy on the transformation of system of substitute teacher, as well as the change in role and status of substitute teacher on site under the market oriented circumstance. Based on the factors above, the research would investigate the effect of relevant policies and laws on the system of substitute teacher. Lastly, by this research, the primary objective was to investigate the current status of the system of substitute teacher and possible breakthrough. From perspective of law, we would review the subject of research to complete regulations for education to provide protection of rights for substitute teachers and to improve their responsibilities, in order to establish a better and complete system of law for substitute teachers.