The Study Of Learning Relation Evolution Taiwan

Traditionally, the learning relationship between universities in Taiwan and the students there is called special power relations. As the future citizen, the university students belong to relative obligations under the special power relations who are not allowed to bring an administrative relief. However, with the relief of July15,1987Taiwan "martial law" and the development of politic, economic and culture, the rule of law and human rights were gradually accepted by people, therefore special power relations lost the chance to survive. In recent years, the disputes of the students and the schools continue to hit the newspapers and all kinds of media, but under the power relations, the students who were punished by school can not bring an administrative litigation, only can apply for the campus relief when they feel unfair. It violates the human rights. At this background, there have students continue to draw judicial interpretations. They require safeguarding the students’ rights, and get rid of the repression of the special power relations. In recent years, the Grand Justices have made the Justice No.382and No.684explanations which based on the claims of claimants. It continued to release the students’ rights and gradually break the grip of special power relations between universities and students in the learning relationship, which made the relationship between universities and students change from special power relations to general power relations.This paper takes the evolution process of the learning relationship between Taiwan universities and the students there as the study object. Through the explanation of the Grand Justices No.384and No.682, this paper studies the three stages of the evolution process between the universities and the students in learning relationship. It briefly introduces the system of Justice Explanation, and then preliminary analyzes the relationship between the universities and students in the period of special power relations. Through the analysis of Justice No.382, it points out that the sign of the special power relationship was released was that when the students’ education rights were violated and the students’ identification were affected, they could bring an administrative relief. The Justice Explanation of No.684made the universities and students completely abandon the special power relations, and return to normal power relations. The legalization between the relationship of universities and the students is the necessity of the social progress, and also the performance of social progress. The evolution process of learning relation in Taiwan university is also the libration process of university students’ right to judicial relief. Therefore, under the normal power relation, the students’rights were completely emancipated. Facing the return of the University Students’ right to judicial relief and the possibility of the impact on the society, universities and courts, all walks of life should take relevant measures and carry out the countermeasures.