[[abstract]]Thesis topic: Study on the controversial of the legal system of our teachers’ strike right School name: National Taiwan Normal University, Graduate Institute of Political Science Graduation time: Aug. 2005 Graduate name: Chang, Chiung Yueh Instructing professor: PhD Chi, Chun-chen Abstracts of the thesis: For a long time, teachers’ three basic labor rights have been depressed by legislation in our nation. However, this legislation deprives teachers’ three basic labor rights. Whether it violates the will of our Constitution, protecting the basic human rights, has never been stressed by our legal field. The executive agency of education has been using the reason, saying students’ learning right to be infringed, to prohibit teaching strike. It is doubtless that the protection of teachers’ work right & benefit becomes legal emptiness and the most neglected portion. In fact, under the “miss” of learning right and the public benefit of the Constitution Article 23, teachers have become the sacrificial offering. Teachers’ most basic right, organizing a union, has been deprived by legislation together with this reason. It seems that if teachers have a strike, the public safety will be affected. What on earth is the side line of public safety? What are the characteristics of teachers’ strike right? When the strike right has conflicts with students’ learning right, what is the priority? What is the measurement standard of public benefit stipulated in the Constitution Article 23? Will teachers’ strike really have influence over public safety? Is there any objective measurement standard for public benefit in view of the examples from international organizations and overseas legislation? On legislation, is it necessary to discriminate the strikes between generic laborers and teachers? Should the standard strictness be different? These issues are to be discussed one by one. Finally, in compliance with the will that the Constitution protects the basic human rights and via strict and deliberate examination over the reasons of depriving teachers’ three basic labor rights, it is hoped that the scope of teachers’ three basic labor rights and the implementation should have proper regulation legally in order to establish a wholly sound legal system and organize a timely and Constitution-complied labor system for teachers. Key words: teachers’ strike right, three basic labor rights, students’ learning right, basic human rights.
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