大法官解釋表頭
Interpretation
J.Y.
Interpretation
 NO. 319 
Date 1993/6/4
Issue Are the regulations denying the request for re-grading examination answers, for reasons other than obvious errors (which may be found by formal check), by the participants of examinations held by the relevant authority consistent with the Constitution?
Holding
1
    For the examinations held by the relevant authority, the grading members give the grades while the names on the answer sheets are covered to ensure the examinees’ privacy. Once the seal is removed, the answer sheet should not be re-graded upon the request of the examinee unless there is any obvious error regarding the grades, which can be found by formal check. The purpose is to maintain the impartiality and fairness of examinations. Article 8 of the Procedural Rules Governing the Review of the Grades upon the Application of Civil Service Test Participants, as revised by the Examination Yuan on November 12, 1986, provides that “for the review of the examination grade, the applicant may not request re-grading, model answers, or the viewing/copying of the answer sheets; also, the applicant may not request the identity of any grader or other relevant information.” Such rule is to uphold the abovementioned principle and is consistent with Article 23 of the Examination Law regarding the “confidentiality requirement for the persons administering examinations,” and is not in contravention with the Constitution. However, the review of examination grades is relevant to the interest of the participants, and, therefore, should be made clear by law.



Reasoning
1
    For the examinations held by the relevant authority, examination commissions are established to set the standards for test questions, grading, evaluating, admission and review of grades. Furthermore, the Control Yuan assigns ombudsmen to monitor the custody of test questions, the sealing of answer sheets, the check of the seal, the review of grades and the posting/announcement of test results. The ombudsmen shall report to the Control Yuan upon the finding of any collusion, switching answer sheets or other cheating behavior. These rules are made clear in the Examination Law and the Law for Examination Supervision.

2
    For the abovementioned examinations, the graders correct the examination papers while the names on the answer sheets are covered to protect the examinees’ privacy. Once the seal is removed, the answer sheet should not be re-graded upon the request of the examinee unless there is any obvious error regarding the grades, which can be found by formal check. The reasons are that the grading by the previous grader may have been seen and that the identity of the examinee may have been known. Under such circumstances, it is difficult to maintain the impartiality and fairness of examinations. Article 8 of the Procedural Rules Governing the Review of the Grades upon the Application of Civil Test Participants, as revised by the Examination Yuan on November 12, 1986, provides that “for the review of the examination grade, the applicant may not request re-grading, model answers, or the viewing/copying of the answer sheets; nor may the applicant request the identity of the grader or other relevant information.” Such rule is to uphold the impartiality and fairness of the examination. Also, it is necessary to maintain respect for the academic evaluation of the grader and is consistent with Article 23 of the Examination Law regarding the “confidentiality requirement for the persons administering examinations.” In the event there is any obvious error such as failure to grade certain answers, Article 7 of the abovementioned Procedural Rules provides for appropriate remedies. Therefore, the Procedural Rules are not in contravention with the Constitution. However, the review of examination grades is relevant to the interest of the participants, and, therefore, should be made clear by law.

'Translated by Pijan Wu.