從現代法治教育理念探討學生法庭之意義及其功能

Abstract

本研究以現代法治教育理念為基礎，從學生權利出發，藉由憲法基本理論及學生自治內涵之探討，以實現法治國原則中憲法保障之基本權利、權力分立、程序正義、依法行政、比例原則等現代法治理念。其次，融入現代公民教育理念，以鼓勵學生參與學習、服務學習及提昇學生發展的角度，協助學生全人化的發展。進而以公民社會理念之精神，參與公共事務的學習、建立正確公民意識，明辨權利義務觀念、強化公民責任，以建構公民社會。其後為使理論與實務相結合，乃蒐集現行各大學校院學生法庭制度之現況，進行分析檢討，並輔以學生法庭實際發生之案例加以分析論述，以探討學生法庭之意義及其應發揮之功能。最後，結合現代法治教育與公民教育理念，以建構學生法庭理想之設置標準與功能，並草擬學生法庭設置辦法，俾提供各校成立學生法庭，培養學生法治觀念及提昇自治能力之參考。 本研究分為六章，第一章為緒論，介紹本研究動機，並提出問題、研究目的、研究方法與範圍，以及研究架構與步驟。第二章由現代法治教育理念及公民社會建構之意涵探討法治國原則之實現、公民教育理念之融入等觀點。第三章探討大學自治、學生權利及學生自治與學生法庭間之互動關係。第四章舉出某校發生之真實案例，以探討學生法庭制度之實際運作缺失，並蒐集國內各大學校院學生法庭設置現況，就學生法庭之組織架構、管轄權、程序及實體規範、經費來源及其與學校之關聯性等制度進行分析檢討。第五章將現代法治教育理念融入學生法庭，以探討學生法庭應有之設置標準及應發揮之功能。第六章綜合本研究論述，並彙集成研究結論，提出建議。最後試擬出學生法庭設置辦法草案，俾對現行學生自治組織之司法制度提出具體的建議，供有意建構學生法庭制度之學校參考。

Based on the foundation of the concepts of modern law –related education, this research starts from student's rights, then, with the discussion of basic constitution theories and of the intension of student autonomy, tries to realize the ideas of a modern country governed by law, such as the fundamental rights ensured by the constitution, separation of powers, procedure justice, administering the state according to law, proportion principle, etc. The education ideas for a modern citizen is merged into the above concepts in order to encourage students to learn through participating and serving, which promotes students’ development and helps them to become a whole person. Furthermore, with the spirit of an ideal citizen society, students will learn through participating public affairs, building up the correct awareness of citizenship, and then, will be able to tell clearly their rights and obligations, to strengthen their willingness to carry out the responsibilities of a citizen, and finally construct a citizen society. In order to combine theories with practice, the information of the systems of current college student court, along with cases happened, is collected, reviewed and analyzed so as to discuss the meaning and the due function of a student court. Finally, blending with the concepts of modern law education and citizenship education to construct an ideal student court with full function, a draft of the law of student court is suggested as a reference for schools who want to establish their own student court and to promote students’ law concepts and their abilities of autonomy. This research is divided into six chapters. Chapter one is the introduction of the motivation, questions, purpose, approach, boundary of this research, and its structure and steps. Through modern law-related education concepts and the meaning of building up a citizen society, Chapter two probes into the realization of the principles of a country governed by law as well as the merging of citizenship education. In Chapter three, the interacting relationships between college autonomy, student rights, student autonomy and the student court are discussed. In Chapter four, a true case happened in a school is presented as an example. In that case, the flaws and imperfection in actual operation of the student court is examined. The information of current college student courts is collected; and the organization structure, the jurisdiction, the procedure, and norm of the entity, the source of fund, and the correlation with school are analyzed and discussed. In Chapter five, modern law education concepts are fused into student court, so to find out the standard of setting up a student court and the due function of it. Chapter six integrates all the theories and opinions in this research to get the conclusions, and to put forward suggestions. In the end, a draft of the law of student court is suggested which is a concrete suggestion to the legal system of student autonomy organization and a reference to those schools who want to organize their own student court. Key words: student court, law –related education, student autonomy student rights