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the student courts
due process of law
In recent years, based on the amendment of The Teacher Education Law, the revision of Educational Basic Law and related educational bills, the cardinal ethical relationship between teachers and students has been dominated by law. Can the role and the function of student courts take the place of the traditional discipline system to settle the conflicts between teachers and students? It is a worth studying issue. From this point of view, this research aims to investigate the constructive significance and function of the student courts in junior high schools. This study adopted the method of “document analysis” to collect information, and the method made it possible for the researcher to grasp the meaning of “right to teach” for teachers and “right to be educated” for students. In the meanwhile, the method of “in-depth interview” was conducted by the author to analyze how the operation of student courts in the schools, and to probe to the merits and demerits of the student courts. The main findings of this research include: First, teacher’s power to discipline and educate should be protected by the Constitution from the point of teacher’s autonomy. However, with the educational purposes, teacher’s above-mentioned power will be both altruistic and intrinsic, and the best benefits of students should be taken into consideration while wielding the power. In addition, it is limited by laws as well as school rules. Second, educational right belongs to people, and the right to receive education is the core value of that. It is also called educational fundament right. Learning right is the intrinsic quality of educational right, revealing that people are the subjects of educational activities. Viewed from the fact that students learn in schools, entrenching the concept of human rights in school is to strive to ensure the protection of students’ rights. Third, the conflict of right between teachers and students is the conflict of constitutional basic rights between them. One is not inferior to the other. The conflict solution depends on the conditions of different circumstances. Fourth, the role which student courts play is the judiciary in the campus. They are set up to “discipline students,” however, they act as a role to “educate students” in a practical sense. Pragmatically, student courts may facilitate the effect of democracy ＆ law education as well as moral education. Finally, the mechanism of student court is not able to alleviate the pressure of teachers. On the whole, due to the deficiency of legal profession among teachers, administrative staff and students, the cooperative difficulty among them in various aspects and lack of sufficient resources supplied by the government, the goal of student courts in Taiwan can not be carried out.
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