The Initial Period of German Students' Legal Status in Middle and Elementary Schools
Taiwan inherited a system of educational law from Germany long ago. This study was aimed to discuss the initial period of German students' legal status of in middle and elementary schools. Firstly， this study analyzed the sources of German public education from a historic viewpoint. Then， it explained related theories of students' legal status， including the concept of state and the principle of legal retention. Finally， this study explored the contents of students' legal status.The establishment of German educational system derived from churches. Due to the background of Enlightenment and enlightened absolutism， Prussia established the system of mandatory education in late 18 century and stimulated researches on students' legal status. The tradition relationship in German schools was a kind of institute-relationship. Institutes were regarded as a part of the country. Their usage and management belonged to internal affairs of the country without restriction of the law. Administrative organizations had power to set up particular internal regulations， unrestricted by the principle of legal retention. In such a special power relationship， Students had to be restrained by school regulations; moreover， they lost their independent status as citizens.
|關鍵詞||德國教育、公共教育、特別權力關係、German education、public education、the special power relationship|
|該期刊-上一篇||C. Macaulay 的「兩性平等」人性觀與教育學說|