中小學教師管教權之研究

Abstract

教育乃是國家建設之基石，對於教育活動的法治化，乃是我國法治重要之一環。然教育法律關係中，各該角色應如何互動，仍有待學說與實務加以釐清。本文透過對管教權分析，從學說、實務以及比較法觀點，探討教育法律關係中各該角色的權利義務，併分析管教權與管教措施，藉以確立管教行為合法與否，兼及討論後階段教師違法行使管教權之責任歸屬。 本文分析管教權，提出管教措施類型化分析，藉以確認合法管教與違法管教類型，並針對後階段教師違法管教行為之類型，對於國家賠償責任與民事損害賠償責任競合問題提出一點淺見，從比較法觀點分析，並草擬一份校園教師職權行使法茲作教師行使管教權之準則。

Education in schools is the fundation of a nation. Concerning the legalization of the school interaction, it is an important part of our legal practice not only in schools but also in courts. Moreover, how the agents in the educational relationship in law react is still a big issue that we can discuss and practice, and need more cases to analyze. This thesis has three problem to solve: first, it is discussing the agents in educational relationship in law, focusing on the right and obligation between agents by analyzing the discipline power of school teachers. Also, by case study and generalization, the thesis bulids criteria for examination the legality of whether teacher did in order to perform his or her discipline power. Third, the thesis focus on teachers’.liability to pay compensation for lawbreaking discipline between civil law and State Compensation Law. By above discussion to the performance of school teachers’ discipline power, the thesis draws a draft about school teachers’ discipline power for legalization in the future.