從高中服儀抗爭運動（2010-2016）抗爭者看法治教育對學生法治意識影響之研究

Abstract

我國自解嚴後，努力落實民主與法治制度，而在教育領域上，透過國家主導的教育改革，致力於「鬆綁」以及「法律化」，同時由國家與民間開始致力於推動法治教育。 而近年來，高中學生對於學校的威權以及校規的規範正當性—尤其是服裝儀容規定—漸有質疑，並進一步的策劃與執行服儀抗爭運動表達學生的意見。而在運動期間，確有運用其所學的法治國原則做為其理論依據之跡象。因此若針對該理論基礎的產生與學生實際執行運動的過程進行研究，或可從其中尋找出現代法治教育之成效，以及學生對於校規以及法治國原則的了解與批判。 本研究採用法學方法以及質性訪談法為研究方式，訪談對象設定為「曾發起/參與具一定規模以及抗爭結果的服儀抗爭運動，且為重要角色」者，依研究結果，得到結論如下： 在法規的應然面分析上，研究者發現我國教育法規在內涵上，以《教育基本法》為基礎，重視且逐步落實校園內的民主法治以及學生權利的保障。大法官也透過釋字382、684以及784號解釋逐步破除校園內的特別權力關係。而以法治國原則檢視受訪者所就讀學校的校規，則可發現其內涵大致上符合現代法治國原則的要求。課程方面也可以發現，正式課程的內涵也漸趨符合當代法治國原則與精神。然則在潛在課程部分，申訴制度的存在以及符合法治國原則的校規雖能讓學生體會法治國原則的精神，但是校園中的規訓權力運作以及威權氛圍，對學生對法治國原則的學習來說卻產生更大的負面效果。 在法規運作的實然面及學生的法治意識部分的研究結果顯示，受訪者對於學校的校規，多半對請假等與其學校生活一般事項較為相關之措施較熟悉。而對校規的實施方式，受訪者可依照其所認知的法治國原則找出許多不恰當、展現威權的現象。在推動服儀抗爭運動方面，則可發現受訪者透過網路、街頭演講等方式，以性別、法治等要素進行論述的發展以及訴求的表達，彰顯出受訪者對法治國原則有一定程度的認知。 最後根據前述研究結果，本研究認為，在培養學生對於法治國原則的內涵與精神之認知上，我國教育相關法規、受訪者就讀學校的校規以及法治教育課程都能起到相當好的效果。但是學校現存的威權色彩會讓學生在其所建立的法治理念與現實經驗產生巨大落差，然則該落差反而激起了學生對於校園落實法治理念的追求。受訪者透過服儀抗爭運動展現學生對法治國原則、性別平等以及校園民主程序的重視，充分展現學生的法治意識，與學校的威權色彩形成了強烈對比。Since Taiwan's demilitarization, we have worked hard to implement democracy and the rule of law into society. In the field of education, state-led educational reforms have focused on "deregulation" and "legalization." At the same time, both the state and society have started to promote law education. In recent years, high school students had started to question the authority of the school and the legitimacy of the school rules, especially the dress code and grooming rules. To express students’ opinions regarding the uniform, they started planning and implementing the protest and the movement. During the movement, it was evident that they had applied its learned rule of law into its theoretical basis. Therefore, if we study the generation of the theoretical foundation and the actual implementation of the students’ movement, we can find out the effectiveness of modern law education and the understanding and criticism of students concerning school regulations and the principle of rule of law. This research adopts the method of jurisprudence and qualitative interview as the research methods. The respondents were set as "who have initiated or participated in ceremonial resistance campaigns with a certain scale and resistance results, and have played an important role in these campaigns." Based on the research results, the conclusions are as follows: In the analysis of the probabilistic aspects of the regulations and curriculum, the researchers have found that the educational regulations, based on the "Educational Basic Law", attach importance to and gradually implement the democratic and rule of law on campus, and the protection of student rights. The Justices of Constitutional Court also gradually get rid of special authority relationships on campus through the interpretation No. 382, 684 and 784. Meanwhile, examining the rules of the schools attended by respondents based on the rule of law principle reveals that its content is generally in line with the requirements of modern rule of law. It can also be found in the formal curriculum that its connotation is gradually in line with the principles and the spirit of contemporary rule of law. However, in the potential curriculum, although the existence of a student complaint process and school rules in line with the principle of the rule of law allow students to experience the spirit of the rule of law, the exercise of the disciplinary power on campus and the authoritarian atmosphere have created greater negative effects on students’ learning of the principle of the rule of law.

For the actual aspects of the laws and regulations and the students ’ awareness of the rule of law, the results show that respondents are more familiar with the school rules and measures that are more related to general school life issues. With regard to the implementation of school regulations, respondents can find many inappropriate and authoritarian phenomena according to the principles of the rule of law. In terms of promoting the ceremonial protest movement, it can be found that the respondents used gender and the rule of law as basic elements to developed their discourses, and expressed their appeals on the Internet and through street speeches. The mentioned behaviors show that the respondents have a certain degree of understanding of the principle of the rule of law. Finally, based on the foregoing research results, this study believes that Taiwan's education-related laws and regulations, the rules of the schools attended by respondents, and the rule-of-law educational curriculum all greatly contribute to the cultivation of students’ understanding of the spirit of the principle of the rule of law. However, the existing authoritarian atmosphere of the schools will cause a huge gap between the established rule of law awareness and the actual life experience of the students. This gap will instead stimulate the students' pursuit of the fulfillment of the rule of law on campus. Respondents demonstrated that how students attach importance to the principles of the rule of law, gender equality, and campus-based democratic procedures through the high school students’ movement of the uniform and the students' awareness of the rule of law, which is a huge contrast with the authoritarian atmosphere of the school.