我國於1929年即訂定且施行「民法總則」，規範公益性法人之設立與登記及其法律上之地位，開啟第三部門的法制規範。1947年實施的「中華民國憲法」第14條雖規定：「人民有集會結社之自由」，但是長期受政治環境等諸多不利因素的影響，政府對於人民的結社自由有諸多管制，使得第三部門的發展受到相當程度的限制。至1992年將「動員勘亂時期人民團體法」修正名稱與全文為「人民團體法」，方使人民的結社自由方獲得初步保障，第三部門亦隨之蓬勃發展。本課程主要介紹我國第三部門有關法制規範進行歷史的檢視，並對現行的有關法規進行檢討，就司法院大法官會議解釋釋字第644號等有關解釋的論點，並對於第三部門法制的改革建議。Our country has enacted and implemented the "Civil Law General" in 1929, which regulates the establishment and registration of public welfare legal persons and their legal status, and has opened the legal regulations of the third part. Although Article 14 of the "Republic of China Law" implemented in 1947 stipulates that "the people have the freedom to gather and form associations", it has been affected by many adverse factors such as the political environment for a long time. The government has had multiple restrictions on the freedom of the people's association, which has restricted the development of the Third Division to a considerable extent. By 1992, the name and full text of the "People's Group Law" were amended as the "People's Group Law" so that the people's freedom of society would be given preliminary guarantees, and the third door also flourished. This course mainly introduces the historical review of the legal system regulations of the Third Department of our country, and reviews the existing relevant legal system regulations, discusses the explanations of the Judicial Justices Meeting No. 644, and other related points, and proposes on the reform of the legal system of the Third Department.
課程進行中隨時發放講義
Discussions are issued at any time during the course
| 評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
|---|---|---|
| 出席與討論出席與討論 Attendance and discussion |
40 | |
| 學期報告學期報告 Study period report |
60 |
