| Summary: | 碩士 === 國立屏東師範學院 === 國民教育研究所 === 91 === This main purpose of thesis is to talk about the system of student punishment built by the public and private high schools in Ping-Tung area. Further, to understand whether-the school authority is based on the principle of legal state to build the legal relation for student and school or not, and intend to ensure students’ the right of man.
This thesis is based on analyzing literature review, comparative study, and assists to aid the explanation of the constitution. Then aims at the relating laws and the system of punishment regulation in effect to analyze, compare with the principle of legal state. The following are the conclusions:
a.The legal relation between student and school is according to the associate justice’s no.383 explanation. They used German scholar CarHermann Ule’s special power theory and the other important theory to interpret the relation between student and school.
b.In Teacher’s law, Teacher’s guiding and punishing student rules,and the student’s praised and punished essentials,some of the legal languages are ambiguous. They often makes confused while applying.
c.Inevery school student’s praised and punished essentials, some of the punished essentials are over limited students’ basic right, especially in freedom of movement for student. So, the purpose and reason of limitation are worth to examine.
d.Due to the conflict between the punishment and punitive measure, it yields two kinds of punishmeng for one guilt.
e.To abuse the rule of generalization, it does not according to the principle of penalty be stipulated by laws.
f.After being punished, if he or she rejects, to appeal for the administrant-appeal,the original punish needs not to abandon it certainly.
Based on the conclusions of this research, there are the few suggestions to the educational administrations, schools, and to the following up research.
|
|---|
