| Summary: | 博士 === 國立臺灣師範大學 === 公民教育與活動領導學系 === 94 === In Chapter One of Introduction the author first sets out the research motive and propose eleven conceptual questions as context of discussion. Next, the research scope and three research methods are established by analyzing the four research objectives. Finally, the research structure chart is depicted and the research steps are clearly set out.
Chapter Two discusses the application of the fundamental principles of higher education legal system, that is, administration according to law (Vorrang des Gesetzes and Vorbehalt der Gesetzes), security of law (clarity requirement of the law and principle of legitimate expectation), the principle of proportionality, equality of the rule of law of German (Continental Law System or namely Civil Law System) legal principles as well as other relevant principles (constitutional stare decisis, public interest principle, the principle of good faith, the principle of right to relief) together with the due process principle of the US (Anglo-American Legal System or namely Common Law System) and Taiwan’s higher education legal system (including the Constitution; interpretations of Justices of the Constitutional Court, Judicial Yuan; Administrative Procedure Act; and the University Law). The concepts and analyses obtained therefrom are intended to clarify the issues and expected to construct adequate principles and objectives for Taiwan’s higher education legal system.
Chapter Three attempts to position the role of university student with receiving higher education. It starts with a brief description of the historical development of universities, and proposes five development elements for the 21st Century to respond to the current situation and prospect of Taiwan’s universities. Next, the chapter discusses the real meaning and relationship between university autonomy and academic freedom. Moreover, the two cognitions of university student development, namely the structural theory, are employed as the practical application to enhance the development of university students. This is followed by the explanation of the concept of learning held by university students. Legal concepts are adopted to discuss the profound legal meaning of university students’ freedom of learning as well as their right to education. Finally, the student-centered concept is employed to position university students’ subjectivity in campus in order for it to become an important element of democracy education in campus.
Chapter Four mainly attempts to explore the theoretical foundation of the rights of higher education students. It begins with the explanation of the real context of the rights of university students, which are the subjects of the fundamental rights guaranteed under the Constitution. Next, the discussion of the theory of students’ rights ranges form the traditional “special right relationship”, its revision to the establishment of the “theory of importance”. In addition, the affirmation of “partial social theory” and “the theory of relation between in-school contracts” further strengthens the theoretic basis. Lastly, the basic rights entitled by university students are proposed in accordance with the “in-school relationship analysis” between students and universities.
Chapter Five focuses on the practical analysis of higher education students’ rights. The discussions, which range from the ascertaining of students’ autonomy and their role of participating in campus affairs, freedom of speech, writing, publication as well as the protection of religious freedom, equality of gender, indigenous people and the physically disabled, the scope and limitation of search and protection of privacy inside campus, the protection of students’ rights as consumers, the prevention sexual harassment and assault inside campus, financial assistance and subsidies to students, students’ right to health, students’ right to political participation, are intended for readers to have better understanding of the current situations.
Chapter Six discusses the real context of higher education in respect of student judicial affairs by way of the real meaning of student judicial affairs. The chapter explains both legal and practical aspects of discipline and punishment imposed on students, discipline of expulsion as well as students’ appeal system, which have significant impact on students’ rights. The legal framework and universities’ handling of student judicial affairs in practice, such as discipline, expulsion and appeal, are too important to be ignored as far as higher education students’ rights are concerned.
Chapter Seven summarizes the research by proposing five major research findings which serve as the bases for further consideration of many critical issues of this research. The five conclusions drawn from induction set out an integrated explanation. Finally, four recommendations are made in view that they will become the measures for enhancing higher education students’ rights in the future.
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