Abstract
Judicial Yuan Interpretation No.784 can be regarded as a milestone in the development of high school students' rights. Since the Japanese Colonial Period and the Martial Law Period in Taiwan, high school students have been in a "special power relationship" with high schools. The conservative atmosphere in high school campuses has been under the obedience to the legal authority structure, which is "ordered by the top and obeyed by the bottom", and through the educational mechanism, the unequal status of "teachers and students" has been maintained and used as a means to achieve social control. After the lifting of martial law, student rights are also moving towards rule of law in the wave of democratization. With the completion of Interpretation No.382 and 684, students at the university level and above began to shake off the shackles of traditional administrative jurisprudence`s "Special Authority Relationship " and began to be empowered to engage in administrative litigation in the face of educational disciplinary measures that did not conform to the principles of administrative law. However, on the other hand, the development of high school students' rights diverged from the development of students' rights above the university level after Interpretation No.684. Until the completion of Interpretation No.784, the development of high school students' rights entered a new era of sound "rights protection," but the completion of this interpretation did not happen overnight, instead it followed the progressive rolling amendment process of Taiwan's administrative jurisprudence environment. First, the emergence of the subject "citizenship and society" transformed the concept of human rights and the rule of law into the seeds of enlightenment for high school students' rights awareness and laid the theoretical foundation for high school students to resist oppression on campus. Also, high school management must operate according to a democratic process model, which includes students' participation and opinions. Second, with the emergence of the Administrative Procedure Act, the administrative jurisprudence environment has evolved, and the way of education for students in high schools has evolved from "management" to "supervise" in response to the deepening influence of democracy concept and rule of law. From each school's guidance service to establish and operate the high school student council to the right of student participation in school synods, the democratic model of educational administration has led to a new type of school-student relationship in high school campus democracy. Third, as a global actor, Taiwan must always pay attention to international trends, and one check item of international human rights is the advancement of human rights in schools. The Convention on the Rights of Children places great emphasis on international children's leisure and expression rights, and the Ministry of Education in Taiwan has formulated related policies to meet international human rights standards and revised supporting measures. Therefore, the combination of domestic, international, and internal school forces has led to the creation of Interpretation No.784 and has created a fresh turning point for the development of high school students' rights.
With the emergence of Interpretation No.784 and the changes in the overall environment, the development of high school students' rights is now in an ongoing process of shaping, but few academic studies are focusing on the rights of high school students. Thus, this study will take the development of high school students' rights as the main thesis of research and use image analysis of the legal norm framework as the research approach. If high school is a small national society, the law that restricts the administrative power of schools should also play the role of protecting the high school students` rights. Therefore, the analysis of "The Regulations for Counseling and Discipline of Students by Senior High School Teachers " has become the core of educational administrative law research. In addition, high school students' misbehavior also corresponds to their written disciplinary actions by schoolteachers. However, the products of feudal education before, such as "compulsory patriotic behavior," "love ban," "strict prohibition of encouraging campus upheaval," and " gender binary opposition legal system" are incompatible with today's democratic, open, and rule of law society. Therefore, this study also takes the current " Student Recognition and Discipline Regulations" as another important part of the investigation and uses the " Common Errors of Student Recognition and Discipline Regulations List" made by the Ministry of Education on the existence of outdated student punishment regulations as the analytical context of this study.
In addition, dress code issues involving students' performance and freedom of dress have always been a concern for education administrations and high school students. The tug-of-war between collective communitarianism and individual liberalism representing the educational value of different ideologies and obligatory position on students wearing school uniforms will be included in the scope of this study. At the same time, the issue of common smoking among high school students in the educational field will also be included in this study. Besides, in this section, the study will focus on the effectiveness of the "time" and "place" of school rules in terms of schoolteachers' discipline and counseling of students' misbehavior in and out of school, as well as during and after school, respectively.
As mentioned above, The Ministry of Education has stipulated that each high school should provide guidance service for students to establish "student government" as a representative organization for the implementation of students' rights to express their opinions. Hence, this study analyzes the guidance service of high schools in counseling students to establish student councils and the subsidiary considerations that ought to be taken. Additionally, if a high school student's rights are violated by high schools or teachers unlawfully or improperly, the internal grievance system of high school is different from that of university students. With the completion of Interpretation No.784, the high school student grievance system should also be the scope of this study and is supposed to be beneficial.
This study is a pragmatic study that aims to contribute to the field of high school students' rights development and to set an example for others to follow. It is also used as a reference and correction for high school schools and teachers in disciplining and counseling students. Although the study is not fully developed and may exist a lack of consideration, and there is still room for discussion and refinement in providing negative reference materials, it is still expected that the study will help improve academic theory and practice of high school students' rights in the direction of thoroughness and completeness.