大學自治之實務探究─以校園安全與警察進入校園為範疇
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2020
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從2001年成大發生學生不當使用影音事件讓檢警進入校園搜索的爭議開始，到近年來臺大、清大發生的校園安全事件，以及最近大學生於校園內發起相挺香港反送中的活動，這些發生在大學校園的安全維護事件很容易成為社會大眾以及媒體鎂光燈注目的焦點，也容易需要請求警察的介入協助，不過大學校園有其自治自主的空間與環境，警察權行使於大學校園時應有所限制，然而大學校園亦非法律所不及之治外法權場域。近年來在大學自治之濫觴下，國家行使之公權力多尊重大學所為之各項決定，縱然教育部與內政部警政署已有針對警察進入校園訂頒相關機制，但實務上仍顯不夠周延完善與被落實。本文從學術自由與大學自治之角度切入，先探究學術自由與大學自治之基本概念、範圍與限制，再論及大學自治下之大學管理行政權與駐衛警察隊之設置功能，以及警察權行使之作用對象與警察權行使於大學校園之方式，並從法學之觀點，探討大學自治與警察進入校園之衝突與競合，並提出警察進入校園的綜合性評估量表，並運用數個新聞案例進行評析，另綜整法律與實務上之考量與需求，提出警察進入校園之程序機制，以作為學校與警政單位訂定相關規範時之參據。
Since the controversy in 2001 when prosecutors and police officers were allowed to enter and search the campus of National Cheng Kung University to investigate students’ improper use of video and audio materials, to the campus security incidents at National Taiwan University and National Tsing Hua University in recent years, as well as the demonstrations lately held by university students on their campus in support of Hong Kong’s Anti-Extradition Law Amendment Bill Movement, numerous incidents which involve the need to maintain security on university campuses, have readily come under the spotlight, gaining the attention of the public and the media. Usually, the police force would be asked to intervene in these incidents. However, as universities are entitled to autonomous campus space and environment, the exercise of police power should be restricted on university campuses. On the other hand, university campuses are not extraterritorial areas that are exempt from the jurisdiction of the law. With the emergence of university autonomy in recent years, the decisions made by universities are most respected when the state exercises public power. Even though the Ministry of Education and the National Police Agency, Ministry of the Interior have established relevant mechanisms to regulate police activities when they enter the campus, it appears that the mechanisms are still not soundly-developed or fully-implemented in practice. Discussing from the perspective of academic freedom and university autonomy, this study first explores the basic concepts, scope, and limitations of academic freedom and university autonomy. Next, it sheds light on the managing and administrative power of universities, the function of campus security units, the objects on whom police power are exercised, and the way police power is exercised on university campuses. Further, it examines the conflict and co-opetition between university autonomy and police activities on campuses from the perspective of law. A comprehensive rating scale for police activities on campuses is introduced, while several cases in current news are evaluated and analyzed. After integrating legal and practical considerations and needs, we put forward a procedural mechanism for police entry into campuses, which can serve as a reference for schools and police authorities in formulating relevant regulations.
Since the controversy in 2001 when prosecutors and police officers were allowed to enter and search the campus of National Cheng Kung University to investigate students’ improper use of video and audio materials, to the campus security incidents at National Taiwan University and National Tsing Hua University in recent years, as well as the demonstrations lately held by university students on their campus in support of Hong Kong’s Anti-Extradition Law Amendment Bill Movement, numerous incidents which involve the need to maintain security on university campuses, have readily come under the spotlight, gaining the attention of the public and the media. Usually, the police force would be asked to intervene in these incidents. However, as universities are entitled to autonomous campus space and environment, the exercise of police power should be restricted on university campuses. On the other hand, university campuses are not extraterritorial areas that are exempt from the jurisdiction of the law. With the emergence of university autonomy in recent years, the decisions made by universities are most respected when the state exercises public power. Even though the Ministry of Education and the National Police Agency, Ministry of the Interior have established relevant mechanisms to regulate police activities when they enter the campus, it appears that the mechanisms are still not soundly-developed or fully-implemented in practice. Discussing from the perspective of academic freedom and university autonomy, this study first explores the basic concepts, scope, and limitations of academic freedom and university autonomy. Next, it sheds light on the managing and administrative power of universities, the function of campus security units, the objects on whom police power are exercised, and the way police power is exercised on university campuses. Further, it examines the conflict and co-opetition between university autonomy and police activities on campuses from the perspective of law. A comprehensive rating scale for police activities on campuses is introduced, while several cases in current news are evaluated and analyzed. After integrating legal and practical considerations and needs, we put forward a procedural mechanism for police entry into campuses, which can serve as a reference for schools and police authorities in formulating relevant regulations.
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學術自由, 大學自治, 校園安全, 大學管理行政權, 警察權行使, 警察進入校園, Academic Freedom, University Autonomy, Campus Security, Administrative Power of University, Police Power Exercise, Police Entering the Campus