| Summary: | 碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 104 === In 2006 year, one teacher of Ying-Qiao junior high school searched students, it had a lot of discussions in law or education areas about this search affair. Actually, the way of teacher-search-students is an effective way to find the dangerous factors on campus, prevent risks of school, and avoid juvenile deviations to commit crimes, so that teacher-search was the usual method for classroom management. In recent years, however, as the results of educational reform, the status of teacher descend, and awareness of student rights raising, and teachers would rather be conservative and negative about classroom management.
This thesis tries to review legal element of the offense, criminal illegality, and illegality cognition of crimes that what the teacher-search might commit. Part of the legal element, this thesis reconsiders whether the elements of these crimes could be fulfilled, and it might offer a hint about a rational range of teacher search in criminal law. At first, the discussion that whether the teacher is civil servants or not; second, a discussion with the criminal type that teacher search- especially offenses of search( Article 307), offenses against privacy( Article 315 and Article 318-1), offenses of unauthorized accessing to the computer or relating equipment( Article 358).
Then in part of criminal illegality, this thesis figures out "emergency avoidance" and "the victim consented" of legal justification. This thesis is supported "prior interest compared between contextual interests" for specific cases. Part of illegality cognition, this thesis thinks that it''s not necessarily that teacher has the possibility of illegality cognition when performing teacher search. Teachers be forced to face the role change suddenly and challenge many new risks in campus, his/her blameworthiness should be reduced according to specific circumstances.
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