從現代法治教育理念探討學生法庭之意義及其功能

• Main Author: 李彥慧
• Other Authors: 林安邦
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/71379342613313140764

碩士 === 國立臺灣師範大學 === 公民教育與活動領導學系在職進修碩士班 === 93 === 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