Article 16 of Taiwanese Constitution protects the right of instituting legal proceedings. When the people’s fundamental rights are interfered, the state should provide them relief ways to meet the “Where there is a right there is a remedy.” basic requirement. However, in Taiwan the relationships between school students and schools have been considered as special authority relationships for a long time. And it means that in this field subject of administration can restrict or deprive people’s right without positive law basis, and school students do not have the right of instituting legal proceedings in principle. In Hwa Kang Art School case we can find that the right of instituting legal proceedings of school students is still restricted by irrational rules and regulations, even though the J.Y. Interpretation No.382. and No. 684. have done their best to get rid of the restriction which is based on special authority relationships. Therefore, firstly this article will bring up legal arguments about this case; Secondly, this article will analyze the legal basis and theory behind these questions. Finally, this article will review and analyze this case from Article 16 of Taiwanese Constitution.