The principal tasks for police officers aren¡¦t beyond the scope of ¡§Society Security¡¨ and ¡§Traffic.¡¨ However, police authorities used to attach greater importance to social security than traffic in the past and were unaware of the harmfulness generated from traffic problems. The casualties as well as property loss resulting from traffic accidents are not less than and go even farther than that of social security (criminal) cases in fact. For traffic problems didn¡¦t receive deserved attention, domestic traffic security and order weren¡¦t improved for so many years. Among which, drunk driving constituted one of the major causes for traffic accident fatalities. Therefore, drunk driving enforcement becomes one of the major tasks for police officers upon traffic law enforcement. Owing to the lack of initiation requirements, execution procedures, and relief measures for drunk driving, necessary inspection and regulation upon communications and other equipments, and control district delimitation, ¡§excessive enforcement¡¨ and ¡§excessive control¡¨ then occurred frequently and public complaints were therefore incurred repeatedly. To prevent tragedies caused by drunk driving and decrease social problems derived consequently, we shall make observation in aspects of society, politics, economy, and legal system as well as consult and deliberate in the advantages of other countries to remedy defects. The final conclusion shall be made after being examined from aspects of administrative organization, personnel system, fund budget, and the design and application of limitation of administrative power, with proper rehabilitation by means of administrative relief, and further monitored by the internal and external control mechanism of administrative supervision. The complete and practicable suggestions produced accordingly can therefore provide well-established laws and decrees for police officers to follow pursuant to the system and can accomplish tasks according to law, reason, and feeling in handling measures, and therefore gain instant result upon the law enforcement of drunk driving. Police officers¡¦ power and prestige in duty execution then can be established and people¡¦s rights can be protected as well to effectively prevent the occurrence of drunk driving accidents. It¡¦s hoped that the problems dwelling in the legal system applied for drunk driving enforcement of the Republic of China can be examined and found by administrative law, with the five major frameworks derived from which, namely, basic principles, administrative organization, limitation of administrative authority, administrative relief, and administrative supervision. And it¡¦s further expected that with the discourse of administrative law¡¦s five major frameworks mentioned above, specific suggestions against the items required for reformation in existing legal system can be brought forth to provide solution or reference for legislative agency in future legislation, establish complete legal system of drunk driving enforcement by police officer, and therefore improve the image of the Republic of China as a country ruled by law.

As it¡¦s proclaimed in Article 14 of Constitution of the Republic of China that ¡§The people shall have freedom of assembly and association,¡¨ the government shall stipulate associated laws to protect people¡¦s freedom to exercise the said right. However, since the practice of Constitution, owing to political environment, the constitution of laws guaranteeing people¡¦s freedom to exercise the right of assembly and parade had been delayed for a long time. Assembly and Parade Law was not promulgated until Jan. 20, 1988 after the martial law declared to be ended. Hence, people can claim the right of assembly and parade and police authority can execute tasks regarding order maintenance accordingly. Nevertheless, the said Law was stipulated under the time and environment that the concept, ¡§Value Society Security above Human Right¡¨ being purposely reinforced. Therefore, controls over people¡¦s basic rights still remained therein. Though Assembly and Parade Law was amended twice and supported by Interpretation of Shih-Zih No. 445 made by Council of Grand Justices, there seemed no changes made on the entire regulation and the shadow of controlling still existed. Therefore, unceasing criticism was generated arguing that it is violation of Constitution. As a result, it¡¦s essential to make a research on how to formulate the legal system of assembly and parade that will ¡§protect people¡¦s freedom of assembly and parade¡¨ as well as ¡§maintain social orders.¡¨ The legal system of assembly and parade of Republic of China is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding ¡§Legal System of Assembly and Parade¡¨ on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future assembly and parade are hereby provided to achieve the goal of protecting people¡¦s freedom to assemble and parade and maintaining social orders as well. With the exploration by means of five major frameworks of administrative law, the assembly and parade legal system of Republic of China has formed the prototype as that of countries ruled by law. However, problems such as inappropriate system design, incomplete decrees and laws, uncertain legal concepts and unclear meanings as well as rigid adherence to bureaucrat system still remained in the existing legal system of assembly and parade of Republic of China. As a whole, restriction exceeding protection is also the major cause generating criticism against the legal system of assembly and parade presently. Under this condition, it would result in endless ¡§Police-Civilian Conflicts¡¨ emerged upon assemblies and parades and even the freedom and right that people have for assembly and parade will be violated illegally. The governor shall examine the problems dwelling in assembly and parade legal system of Republic of China on the basis of five major frameworks of administrative law one by one as soon as possible and further to review and perform modification. This is exactly the method of radical reformation and solution.

Abstract According to International Labour Organization (ILO) Convention No.100 ¡§ Equal Remuneration Convention ¡¨ (1951),and No.135 ¡§ Workers¡¦Representatives Convention ¡¨ (1971). Both Cleraly regular labors don¡¦t be discriminated against employment, and their work remuneration also don¡¦t be exploited. Nowadays, in the era of global economic depression, more and more enterprise and government in order to reduce the human cost, numerously use ¡§ Dispatched Worker ¡¨ form, debase oneself cost to minimum. However, this form also violate the right of labor largely. Therefore, how to regular the legal system which protects the work right of dispatched worker as well as maintains the order of labour market, is the very important issue. The legal system of dispatched worker over Taiwan-strait is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding ¡§Legal System of Dispatched Worker over Taiwan-strait¡¨ on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future the legal system of dispatched worker over Taiwan-strait, are hereby provided to achieve the goal of protecting the work right of dispatched worker and maintaining labour market orders as well. With the exploration by means of five major frameworks of administrative law, the legal system of dispatched worker in China district have already ensured. But nowadays in Taiwan district haven¡¦t regulared yet, it still have more unsuitable institution, uncompleted order, equivocal concept and equivocation. From the basic of legal system, the conflicts and influences of every interest groups are also the main reason, which causes no consensus to the legal system of dispatched worker in Taiwan district. In this situation, will cause the dispatched worker continually face ¡§ Equal Work Unequal Remuneration ¡¨, ¡§ Labour Exploited ¡¨, ¡§ Employment Discriminated ¡¨. The relevant administration bodies should positively survey the problem of five major frameworks of administrative law of the legal system of dispatched worker in Taiwan district, as well as further to review and perform modification. This is exactly the method of radical reformation and solution.

本研究首先經由文獻探討瞭解學校行政組織結構的意涵、學校組織再造的相關概念及臺北縣國民中學行政組織的現況，復以臺北縣國民中學校長、現任行政人員及曾兼行政現為教師的候用校長爲研究對象，並以自編之「臺北縣國民中學行政組織再造調查問卷」進行問卷調查，以瞭解其對臺北縣國民中學組織再造之各種策略實施的意見，最後再訪問九十二學年度臺北縣四所試辦國中的校長或承辦主任，以明瞭其試辦動機、執行過程及遭遇之困境等。期能透過問卷調查及訪談方式蒐集相關資料，以提供有價值的資訊，作為主管教育行政機關對於國民中小學進行組織再造之法令修訂與制度規劃，或學者進行相關研究之參考。 本研究根據文獻探討、問卷調查與訪談結果，歸納以下結論： 壹、 對學校行政組織各處組及基本職掌之調整意見 一 建議於教務處增設「研究發展組」或「課研組」等。 二 認同訓導處之設置，但建議更名為「學生事務處」。 三 認同「維持」總務處之設處分組。 四 除有建議將輔導處更名為「諮商中心」、「學生諮商中心」、「輔導事務處」外，亦有建議將其廢除，而將所屬各組業務分別依業務性質轉移至相關處室或併入相關組。 貳、 五成以上的受試者認同設備組長、資訊組長、註冊組長可由「專任學校行政人員擔任」。 參、 七成以上受試者認同「各校在總員額不變的前提下，彈性調整專任、兼任、委外與聘僱人力」。 肆、 五成以上的受試者認同學校在實施組織再造時，可以「檢視工作項目、精簡行政流程」、「依據學校需求，調整行政組織」、「爭取社會資源，改善辦學環境」、「依照教學需要，聘用支援人員」、「善用資訊網路，建構網路平台」之策略為之。 伍、 大多數受試者認同「與教學無關的行政工作，採勞務外包處理」。 陸、 約七成六的受試者不認同主計、人事合署辦公。 柒、 約八成受試者認同遴聘兼任教師；約六成九的受試者不認同遴聘巡迴教師；約五成二的受試者不認同數校共聘教師。 最後，根據上述研究結論，提出具體建議，以供教育行政機關、學校行政及未來研究之參考。 / First all, this research adopts literature review to probe into the condition of school administrative structure, relevant concepts of school organizational reconstruction, and the current situation of administration of Taipei County junior high schools. Then research objects are school principal, incumbent administrators and people who were ever being concurrently administrative teachers before, and use author’s compilation, “Taipei County Administrative Organization Reconstruction Questionnaire” for survey to figure out relevant opinions of Taipei County junior high school organization reconstruction. Finally, visiting headmasters or directors of four testing Taipei County junior high schools in the academic year 2003 can try to understand the motivation of trial, the process of execution, and difficulties they have experienced etc. It expects that questionnaire and interview method of collecting the related data can provide valuable information to chief education administrative organization as a reference for revising regulation and system planning of junior high school organizational reconstruction, or scholar’s relevant research. According to literature review, questionnaire, the result of interview, conclusion are summarized as the followings: 1. Adjustment opinion for each location and section of school administrative organization and basic duty a. Suggest Dean's Office to add “Research Development Team” or “Course Research Team” etc. b. Recognize Education Guidance Section set up, but suggest changing name as “Student Affair Section”. c. Recognize to “keep” disciplinary section of general administration section. d. Besides suggestion of changing name as “Consultation Center”, “Student Consultation Center”, and “Guidance Affair Section”, it also suggests that abolishes it and transfers to the related section which bases on business character or merge into the related section. 2. There is more than 50% of interviewers cognize facility section director, information section director, registration office director that can replace by full-time school administrative personnel. 3. There is more than 70% of interviewers who think that “under the unchanged of total prescribed number in each school, it can be flexible to adjust as full time, part time, subcontracting, and hiring human resource”. 4. There is more than 50% of interviewers who recognize can “Evaluate task item, simplified administrative process”, “Adjust administrative organization according to school requirement”, “Get social resource and improve school establishment environment”, “Hire assistants according to teaching requirement”, “Cherish information network and set up network platform” etc policies when executing organizational reconstruction. 5. The majority interviewers recognize “Administrative task which is not related to teaching and apply labor service a process of contract”. 6. The majority interviewers don’t recognize that auditing department and human resource department shall be together in an office. 7. There is more than 80% of interviewers recognize to select or hire part-time teachers; around 69% of interviewers don’t think to select circulating teachers; and around 52% of interviewers don’t think to hire teachers together in several schools. In short, according to the above research result, it proposes concrete suggestions to provide education administrative organization, school administration, and the future research as a reference.

L’Administration déconcentrée de l’État en France est en charge de l’application des décisions centrales à l’échelon local. Ce schéma fut bouleversé par la tempête que provoqua l’Acte I de la décentralisation en 1982. La France devint un État unitaire décentralisé. Les services déconcentrés en furent les premiers affectés (par la perte de pouvoirs, d’autorité,…). Ils durent alors s’adapter à la nouvelle configuration locale pour continuer d’assurer leurs missions. La présente thèse se propose d’étudier comment ces administrations déconcentrées se sont réorganisées depuis 1982 ; quelles sont les réformes qui ont été entreprises ou non ; et pour quelles raisons ? Afin d’analyser dans les faits le déroulement de ces opérations, j’examinerai un cas particulier de Province : celui de la région Basse-Normandie. Ainsi, à partir d’un cas concret, il sera vu comment l’État continue d’assurer sa présence au niveau local. / The deconcentrated administration in France is in charge of the application to the territory of national decisions. The 1982 decentralization upsets this schema. The territorial collectivities took a lot of power and authority to the deconcentrated State services. These latters had to change themselves to continue to ensure their missions. This doctoral thesis explains these transformations from a concrete example: the Basse-Normandie region. It shows how the French State continues to ensure his presence in his territories over the different reforms.

Le droit administratif français est l’un des modèles principaux du droit administratif dans le monde. En Thaïlande, l’influence du droit administratif français dans le système juridique s’est notamment exprimée à partir la réforme du pays par le roi Chulalongkorn, Rama V, qui régna de 1868 à 1910, ainsi que lors de la Révolution de 1932. Le gouvernement de cette époque avait rétabli le concept juridique français. L’organisation administrative thaïlandaise est inspirée de celle de la France à plusieurs niveaux : l’administration centrale, l’administration déconcentrée, les collectivités territoriales et les établissements publics. En matière d’organisation de la justice administrative, il s’est inspiré des modèles français. La Constitution de 1997 a prévu l’établissement des juridictions administratives dans le système dualiste de juridiction. Par contre, le droit administratif des deux pays est, aujourd’hui, assez différent. Même si le droit administratif thaïlandais est très influencé par celui de la France, le premier a été transmué afin qu’il soit convenable dans son propre contexte, et le second a beaucoup changé et évolué. Donc, le mimétisme juridique thaïlandais ne doit pas être une imitation des lois et de la jurisprudence appliquée en France dans son intégralité à cause des disparités politiques, sociales et culturelles. De toute façon, la Thaïlande préfère encore choisir le droit administratif français comme « modèle type » pour améliorer son système administratif et juridique, par rapport aux autres systèmes juridiques dans le monde / French administrative law is one of the main models of administrative law in the world. In Thailand, the influence of French administrative law in the legal system was especially expressed from the reform of the country by King Chulalongkorn, Rama V, who reigned from 1868 to 1910 and during the 1932 Revolution; government of that time had restored the French legal concept. The Thai administrative organization is inspired by that of France at several levels: the central administration, the decentralized administration, local authorities and public institutions. In organization of administrative justice inspired by French models, the Constitution of 1997 provided for the establishment of administrative courts in the jurisdiction of dualistic system. By cons, administrative law in both countries is now quite different. Although the Thai administrative law is heavily influenced by that of France, the first was transmuted so that it is suitable in its own context, and the second has changed and evolved. So the Thai legal mimicry should not be a complete imitation of legislation and case law applied in France because of political differences, social and cultural. Anyway, Thailand still prefers to choose the French administrative law as “standard model” to improve its administrative and legal system, compared to other legal systems in the world

The implementation of the stop-and-frisk duty of the police is extremely closely related to the intervention of people¡¦s freedom of action, privacy and moral integrity right. In the past, the basis of law for the fulfillment of the stop-and-frisk duty by the police authorities was only the ¡§Regulations of the Police Duties.¡¨ Nevertheless, the Regulations contained no content of the objective for initiating the stop-and-frisk duty, the stop-and-frisk procedures and the means of relief. The Regulations only mention the term of stop and frisk, but lack the soul and body of stop and frisk. Based on the term of stop and frisk, the police always legitimized the enforcement of many banning acts, such as searching the house of a citizen in the midnight in the name of fulfilling the stop-and-frisk duty of the household. Similar behaviors were frequently found, thus creating many complaints from the citizens. After the chancellor of Judicial Yuan made an explanation of Shih No. 535, a lot of feedbacks from the police were undoubtedly created. To Taiwan, this is a great leap in marching towards a country under the rule of law. It has made the police authorities understand the importance of administrative procedures, and urged the birth of ¡§Act of Exercise of the Police Powers.¡¨ In the new Act, the behavior of stop and frisk is replaced by the term ¡§checking of identity.¡¨ A local scholar, Wu Keng once mentioned that ¡§stop and frisk¡¨ had been abolished and not been used. However, is it the fact? This paper is going to investigate the issue. Besides, does the constitution of the Act mean that the stop-and-frisk legal system is sound enough? This is another issue worthy of studying. Due to the vastness and un-limitedness of Administration Act, there is no country in the world having a sound and complete Administration Act. Nevertheless, viewing at the theories and principles of Administration Act, it can be generally divided into five main structures: basic principles, administrative organization, limit of administrative rights, administrative relief and administrative surveillance. If an administrative legal system is fearless to receive the examination based on each item of the five main structures of Administrative Law, it can be called a sound and complete administrative legal system. Another local scholar, Li Chen-Shan thinks that the separation of criminal law from Administration Act has led to the division of the police¡¦s mission of maintaining public security into two parts: ¡§prevention of harm¡¨ and ¡§criminal arrest,¡¨ which prevents the administrative harm and the criminal harm respectively. While they cross over the administrative area and the criminal area, stop-and-frisk duty belongs to an administrative behavior. Since it just belongs to the ¡§prevention of harm,¡¨ it should be regulated by the theories and principles of Administration Act. Therefore, this paper takes the stop-and-frisk legal system of police officers as the main body of the study. From the viewpoint of the science of law, this paper employs the abovementioned basic theories of Administration Act, i.e. the ¡§five major structures¡¨ of administrative principles, administrative organization, limit of administrative rights, administrative relief and administrative surveillance, as the research approaches of the study to examine the stop-and-frisk system of the police officers of Taiwan. Under this mode of thinking, the study is divided into seven chapters. Chapter 1 is Introduction, which firstly raises queries over the practice of fulfilling stop-and-frisk duty by the police authorities, and then introduces the motives, objectives, research approaches, research area and research structure of the paper. Chapter 2 is Basic Principles of Stop-and-Frisk Legal System, which firstly reviews the basic concepts of the two terms, the police and stop and frisk, and then investigates the background for the constitution of stop-and-frisk legal system. In this chapter, substantial information from the social aspect of the practical phenomena, the economic aspect of the optimal adjustment, the political aspect of negotiation and compromising, and the legal aspect of acts and regulations, is presented, enabling us to have a deeper understanding of the practical phenomena of stop-and-frisk legal system. After that, the chapter analyzes and compares the international aspects of the stop-and-frisk legal system of three countries, Germany, Japan and the United States, so as to take them as the references for the improvement of local legal system. Then, the chapter investigates the concepts of the rule of law of stop-and-frisk legal system, as well as the nature of stop and frisk from the angles of the three administrative principles according to laws and the seven principles of procedural justice. Finally, the chapter explores the relationship between stop-and-frisk legal system and the participation of the parties concerned. It is hoped that through the participation methods of the parties concerned, the stop-and-frisk legal system can become more sound and complete. Chapter 3 introduces the administrative organization of stop-and-frisk legal system by starting from the organizational structure of the existing police organization, and then investigates the organizational structure of the police authorities, staff on duty (including the assistants on duty), the budget and other problems. It is expected that a complete organizational structure can be formed to achieve a smooth operation of the stop-and-frisk practices of police officers. Chapter 4 discusses about the design and use of the limit of the rights of stop-and-frisk legal system. The chapter investigates each item stipulated in Administrative Procedure Act,¡¨ including the administrative plan, administrative legislation, legislative punishment, administrative investigation, administrative agreement, administrative guidance and the fulfillment of administrative obligations, hoping to make a comprehensive investigation of the limit of the stop-and-frisk rights. Chapter 5 introduces the relief and problem-solving measures of stop-and-frisk legal system. There is an ancient saying about law, ¡§Where there is right, there is relief.¡¨ This chapter firstly mentions the right of dissent, and then discusses about the issues of pleading, administrative lawsuit, national compensation, compensation of loss and referendum, intending to cover every detail of the rights of citizens. Chapter 6 talks about the administrative surveillance of stop-and-frisk legal system, and investigates the internal surveillance mechanism of the police authorities themselves and the external fair surveillance mechanism of the third parties. It is hoped that the surveillance mechanisms can meet the national and public requirements, no matter from the legal facet or the practical facet. Chapter 7 is the Conclusions and Suggestions, which synthesize the researcher¡¦s discussion of the five main structures of Administration Act. Over some specific items of the existing stop-and-frisk legal system of the police officers that need to be revised or deleted, the chapter proposes concrete suggestions, which can be a reference for the police authorities in exercising their powers, and working on the goals of building the administrative standards of Taiwan according to law, and improving the legal image of Taiwan under the rule of law.

Submitted by Marcia Bacha (marcia.bacha@fgv.br) on 2013-06-25T14:38:53Z No. of bitstreams: 1 Sergio Guerra.pdf: 10901899 bytes, checksum: 17258e78cd74d37d3fa9597bf3f49888 (MD5) / Approved for entry into archive by Marcia Bacha (marcia.bacha@fgv.br) on 2013-06-25T14:41:03Z (GMT) No. of bitstreams: 1 Sergio Guerra.pdf: 10901899 bytes, checksum: 17258e78cd74d37d3fa9597bf3f49888 (MD5) / Approved for entry into archive by Marcia Bacha (marcia.bacha@fgv.br) on 2013-06-25T20:01:31Z (GMT) No. of bitstreams: 1 Sergio Guerra.pdf: 10901899 bytes, checksum: 17258e78cd74d37d3fa9597bf3f49888 (MD5) / Made available in DSpace on 2013-06-25T20:13:29Z (GMT). No. of bitstreams: 1 Sergio Guerra.pdf: 10901899 bytes, checksum: 17258e78cd74d37d3fa9597bf3f49888 (MD5) / The object of this research is to show the pattern of the Regulatory State in Brazil, its complexity and the model used in the 90's for its implementation. Was created some special entities with autonomous functional in relation to Central Government. Examining the reason and the form adopted for the management of the regulatory authorities are structured in Brazil in the wake of an attempt to reform the administrative organization in the form of management, we intend to analyze whether this path should be followed, even though part to other state sectors. The present analysis involves the redefinition of the division of tasks and responsibilities between 'Government entities' and public entities whose mission requires continuity ('State entities'), especially in cases of alternation of power. It is intended to contribute to the structuring of organizations dedicated to the development of government policies. / o objeto da presente pesquisa é evidenciar o padrão de Estado Regulador brasileiro, sua complexidade e o modelo adotado, em parte, na década de 90, para a sua implementação, notadamente com a criação de algumas autarquias especiais dotadas de autonomia funcional diferenciada em relação ao Poder Público central. Examinando os motivos e a forma adotada para a estruturação dessas entidades reguladoras, no bojo de uma tentativa de reformar a organização administrativa, sob a forma gerencial, pretende-se analisar se esse caminho deve ser trilhado, ainda que em parte, para outros setores. A análise envolve a possível redefinição da divisão de tarefas e competências entre 'entidades de Governo' e entes públicos cuja missão requer continuidade ('órgãos de Estado'), especialmente, nos casos de alternância do poder. Pretende-se contribuir para a estruturação de entidades vocacionadas para o desenvolvimento de políticas de Estado.

「國民中小學組織再造及人力規劃試辦方案」政策主要是為了配合九年一貫 課程實施，重視學校本位課程，期透過總量員額管制、調整國民小學組織與人力架構，促進教學與行政責任，期能減輕教師教學及行政負擔，並發揮教育經費使用效益。本研究旨在瞭解臺北市國民小學參與國民小學組織再造與人力試辦規劃方案實施情形與成效、探討臺北市國民小學教師對於國民中小學組織再造與人力規劃試辦方案之認知程度與支持度、瞭解臺北市國民小學教師對於學校滿意度與學校組織規劃之意見。採用文件分析法與問卷調查法二種研究方法。研究者蒐集臺北市國民小學參與「中小學組織再造及人力規劃試辦方案」之相關文件資料，並自編「臺北市國民小學學校組織再造調查問卷」，受試者包括臺北市92至95學年度參與試辦方案之9所國民小學及未參與試辦方案之9所國民小學，普查該18所國民小學之1,000名教師，可用問卷回收率達70.6﹪。茲根據研究所得，做成結論如下。 壹、臺北市參與試辦方案之國民小學為提升學校效能等因素參與試辦後，由試辦小組進行宣導、規劃試辦與檢討，雖面臨配套措施尚未健全等困難，但以各種組織再造策略，期許達成預定目標。 貳、臺北市參與試辦方案之國民小學教師對於試辦成果普遍表示肯定滿意與支持，除達成教育部與臺北市政府教育局之四項預期目標外，並獲得學校成員、家長與學生之高度肯定。 參、臺北市國民小學教師對於國民中小學組織再造與人力規劃試辦方案認知情形屬中等程度。 肆、不同性別、年齡、服務年資、最高學歷、現任職務、學校規模、學校地區、學校校齡、參與方案與否之臺北市國民小學教師對試辦方案認知情形達顯著差異。 伍、臺北市國民小學教師對於國民中小學組織再造與人力規劃試辦方案支持度屬中上程度，且最支持「總量員額管制，彈性調整處室編制」。 陸、不同性別、服務年資、學歷、現任職務與學校地區的臺北市國民小學教師對國民中小學組織再造與人力規劃試辦方案支持度達顯著差異。 柒、臺北市國民小學教師對於組織再造試辦方案整體認知程度與支持度相關情形 達顯著。 捌、臺北市國民小學教師對於「學校整體滿意度」屬中上程度。 玖、不同職務、學校規模、學校地區、學校校齡、參與試辦方案與否之臺北市國民小學教師對學校現況滿意度達顯著差異。 拾、臺北市國民小學教師強烈贊同「部分行政工作可視性質改由『一般行政』或『教育行政』專長之職員擔任，如總務處主任與組長」；同時贊成「學校控留部分教師員額改聘兼任人員」，並相當支持「與教學無關之行政工作採勞務外包」等組織員額彈性規劃之作法。 拾壹、五成以上臺北市國民小學教師同意小幅度調整學校組織架構。 茲根據以上結論，提出教育行政機關與學校執行「國民中小學組織再造與人力規劃試辦方案」之建議如下。 壹、參與試辦方案學校實施成效良好，參與試辦學校數量值得逐年增加，教育部可考慮持續擴大試辦。 貳、安排訪視活動、舉辦成果發表會或成立校際策略聯盟，以瞭解學校試辦情形並分享交流經驗，以利檢討改進。 參、採取漸進式的學校組織再造，小幅度調整行政組織結構。 肆、調整不同學校規模之人員編制或擴大學校行政人員編制。 伍、妥適善用校內外人力資源並控留部分教師員額改聘兼任、代課、教學支援人員。 陸、非屬教學專業之固定項目委外辦理，由教育行政機關統一發包。 柒、依據學校特色與需求，彈性規劃整體組織再造及人力調整，並持續檢討改進。 捌、持續宣導與溝通組織再造與人力規劃試辦方案，並加強特定族群之宣傳，由下而上建立共識，擴大組織再造參與層面。 玖、教育行政機關在法令與經費上提供相關配套措施，增加學校的執行力與行動力。 拾、組織再造與人力規劃試辦方案的推動應由組織結構的調整邁向組織文化的 重塑。 拾壹、對未來研究的建議。 / “The Organization Restructuring and Human Resource Planning Project of the Elementary and Secondary School” policy is a complement to the implementation of Grade 1-9 Curriculum. It emphasizes school-based curriculum and hopes to expand the responsibility of teaching and administration, to alleviate the loads of teaching and administration, and to improves the costs-benefits of educational budgets through total personnel control and adjustment of elementary and secondary schools’ organization and human resource structure. The purposes of this study were to realize the implementation and effectiveness of the organization restructuring and human resource planning project of elementary and secondary schools in Taipei, to investigate the level of cognition and support of this project from the teachers of elementary schools in Taipei, and to understand their satisfaction levels toward school and their opinion regarding organization planning of schools. The research methods used in this study were document analysis and questionnaires. The researcher collected relevant documents regarding this project from elementary schools in Taipei and designed “The Organization Restructuring Questionnaire of Elementary Schools in Taipei”. The participants included 9 participating elementary schools and 9 non-participating elementary schools in Taipei from the academic year of 92 to 95. The questionnaires were sent to 1000 teachers from this 18 elementary schools. The valid rate of return is 70.6 %. The results of this study were as follows: 1.Due to the reasons of being appointed from the educational department, considering the needs of the schools, improving school effectiveness, and activizing school human resources, the elementary schools in Taipei which participating in this project first formed a committee to promote, plan, and evaluate.Although facing the difficulties of immature conceptualization and the void of corresponding interventions, five restructuring strategies including adjusting organization structure, re-designing job duties, re-allocating human resources, teaming the task forces ,and simplifying operation process were used. In addition to attain the four expected goals of the Ministry of Education, it was also hoped that certain goals regarding administration management, organization structure, teaching , learning, and parents’ service were be achieved. 2.The elementary teachers participating in this project expressed general satisfaction and support toward the results. Besides the four expected goals from The Ministry of Education and Taipei City Government Educational Department, highly recognition from the staff, parents and students were acquired. 3.The elementary school teachers in Taipei expressed medium cognition level toward this project. 4.There were significant differences in the cognition level toward this project between gender, age, seniority, education background, position, school scale, school area, and participation or not of the elementary school teachers in Taipei. 5.The elementary school teachers in Taipei expressed medium to high support level toward this project and support “total personnel control and flexibly adjust the organization of units” the most. 6.There were significant differences in the support level toward this project between different gender, seniority educational background, position, and school areas of the elementary school teachers in Taipei. 7.There was significant positive correlation between the cognition level and support level toward this project of the elementary school teachers in Taipei. 8.The elementary school teachers in Taipei expressed a medium to high satisfaction level toward “the general satisfaction of school”. 9.There were significant differences in the satisfaction level toward the present status of school between different position, school scale, school area, school history, and participation or not of the elementary school teachers in Taipei. 10.The elementary school teachers in Taipei strongly agreed that: (1)Some of the administration work can be took by staffs with normal administration specialty or educational administration specialty ; (2)School maintained certain personnel quatos and hire part-time employees . (3)Outsourcing the non-teaching relevant administration work. 11.Half of the elementary school teachers in Taipei agreed small-scale school organization restructuring. According to the above results, suggestions were provided to the administration institutions and schools which participated in the project: 1.The school participating in the project had good performance. Therefore, the Ministry of Education could consider expanding the participation to more schools gradually. 2.In order to share the experience and to benefit improvement, it is suggested to arrange visiting activities, to hold a results presentation, or to establish strategic alliances between schools. 3.Proceed school restructuring gradually and have small-scale administrative organization restructure. 4.Adjust the staffing of different school scales and expand the staffing of school administration personnel. 5.Using the human resources outside from the school more properly and maintain the teacher quotas to employ part-time, substitute teacher or teaching-supportive staff. 6.Outsourcing the non-teaching items through educational administration institutions. 7.According to the characteristics and demands of the schools, plan organization structure and human resources adjustment flexibly and evaluation continuously. 8.Promote and communicate the project continuously and reinforce the advertising to specific audience in order to expand the scope of organization restructuring. 9.In order to increase the execution of schools, educational administration institutions should provide corresponding interventions in laws and budgets. 10.The promotion of the organization restructuring and human resource planning project should move from the adjustment of organization structure to the re-shaping of organizational culture. 11.The recommendation to future research.