Legal Protection Of The Rights Of College Students In Taiwan

The "Constitution" of Taiwan and a series of related laws such as Taiwan University Law, has made great progress on university autonomy. Take the university autonomy system as the background perhaps can make the research of Taiwan university students’rights more clear. Permitted by the Judge Interpretation No.380th, University autonomous in Taiwan make academic freedom as the center, and make the access from the teaching freedom to the university autonomy come true. Originally, it is impossible without the development of universities in Taiwan and relevant regulations. But it does not mean that the university can escape from judicial review. University autonomy has certain legal boundary, the core of this boundary is whether autonomous matters are related to academic freedom.In connotation, student rights can mainly manifested as the academic freedom rights, rights of the university autonomy members, and other fundamental rights of citizens. In changing of law in rights protection, it can mainly manifested as judgement No.6th case in the41years of’Republic of China’on behalf of the special power relation, the judge Interpretation No.382th case on behalf of the correction of special power relationship, the evolution of general legal relationship represented by the No.684th interpretation, and the change of protection of students’rights in University Law. But it is not perfect. There are problems between public and private university, and between the school and the students.The relationship between university autonomous and the protection of students’rights is conflict, but they also have intersection. It presents in academic freedom. The conflict presents in the damage of students’rights by the professional judgment of university autonomy. The appeal system can play a positive role in easing the contradiction between them.Combined with the actual situation of Chinese Mainland, Taiwan’s experience and lessons may provide beneficial enlightment for us.