大學規章自治下校規的制定與問題:以大學生的權利保障為中心

Translated title of the thesis: The Institution and Problems of School Discipline in Regulation Autonomy of University - Centered upon the Protection of the fundamental Rights of University Students
  • 姁璇 林

Student thesis: Master's Thesis

Abstract

In recent years, Justices of the Constitutional Court made some J. Y. Interpretations about University self-government, many efforts are made for educational reform of universities in Taiwan. University self-government is within the scope protected by the freedom of teaching under Article 11 of the Constitution. Universities are entitled to the right of self-government in teaching, research and learning. Pursuant to the paradigm of university autonomy, which is the systematic protection of academic freedom, universities retain the right of self-governance and the resolutions so adopted have the binding effect upon all people affiliated with universities. University rules and regulations represent the internal consensus and are promulgated with a view to maintaining the campus order. Although university students shall observe the university rules and regulations, to a considerable extent, it shall be recognized that university students still enjoy the protection of their fundamental rights. University rules and regulations bind all people affiliated with universities. It must have limits of university autonomy to protect university’s member, to ensure the observation of the principle of the rule of law. Therefore, in order to be consistent with the major focus of this Article, the scope of this Article is limited to the university rules and regulations promulgated to govern university students.
At first, this Article will construct the content of university autonomy to discuss its types. Secondly, the Article will discuss the nature and function of, and objectives under the university rules and regulations which are closely related to university students. Of all those discussions, in order to evaluate the significance of the university rules and regulations and the fundamental freedom of university students, to better evaluate the significance between these two. Universities not only have the right to regulate the behavior of students, but also must be strictly observed due process, and to avoid violated fundamental freedom of students imposed with “regulated” as excuses. In sum, the purpose of this Article is to prevent universities from exceeding the boundary of university autonomy, to protect the rights of university students. This Article also advocates the reduction of the ignorance of university administrations with respect to the rights of university students, which shall be taken into account before imposing restrictions upon university students to implement the autonomy of university students in order to prevent the dross of the principle of special power relationships from being alive in university campuses.
Date of Award2012 Jun 19
Original languageChinese
SupervisorYue-Dian Hsu (Supervisor)

Cite this

大學規章自治下校規的制定與問題:以大學生的權利保障為中心
林, 姁. (Author). 2012 Jun 19

Student thesis: Master's Thesis