本文主要採用文獻分析法，彙整與中、小學代理教師有關的法規範，從 文義解釋、教師員額編制的觀點，探討代理教師的定義與其相應之職務安排 的妥適性。此外，代理教師的聘期、待遇及其身分轉換、受聘為編制內專任教 師的各項年資 （職前、休假、退休）規範之探討，一併為本文關注重點。最 後，根據研究結果，提出本文關於中、小學聘用代理教師之若干建議。

This study tried to use “Document Analysis” and aggregate relevant laws and regulations about substitute teachers at high schools and elementary schools in Taiwan, discussed the noun definition and the legality of corresponding job assignment about substitute teachers from the viewpoint of grammatical interpretation and teacher establishment. In addition, the discussions of tenure, remuneration and various seniority (Pre-service years, Comfort leave, Retirement) about substitute teachers all were the focus of attention within this study. Last, according to the research results, this study suggested to appoint substitute teachers at High Schools and Elementary Schools.