從學生自治組織運作探討軍校生法治素養之形塑：以南部某軍事院校為例

本研究係以學生自治組織為探討對象，旨在探究軍校生自治組織的運作歷程與所遭遇之問題，繼而瞭解自治組織對軍校生法治素養之形塑與影響。本研究採立意取樣，以南部某軍事院校12位曾擔任或現正擔任自治組織成員、2位記過學生與5位學校行政階層相關成員為研究對象，藉由文件審視、深度訪談與省思札記等方法進行實徵探究，依此描繪學生自治組織運作的相關圖像，並據以梳理形塑軍校生法治素養之可能脈絡。文本分析後，發現學生自治組織之定位與認同受質疑，不同階級軍校生對自治組織的參與度及認同度有明顯的差異。而學生自治組織對軍校生法治素養之影響如下：一、參與自治組織活動雖能提升軍校生的法治素養，但自治組織之運作易流於形式化；二、學校氛圍致使軍校生法治素養不足，自治組織成員易將會議決議內容洩漏與非相關人員知悉，違反保密原則；三、軍校生自治之範疇與決議易受學校行政階層左右。故本研究提出建議：一、重新制訂軍校生自治組織辦法；二、明確釐定軍校生自治組織之職務與權力；三、學校課程宜融入現代法治教育理念；四、學校行政層級應盡量減少干預學生自治組織之運作。希望此些建議能對落實學生自治、維護軍校生權利有所助益，並作為軍校教育實務者之參考。

關鍵字

軍校生；學生自治組織；法治素養

並列摘要

This study explores a cadets' student council with the purpose of understanding its process of operation and problems cadets encounter. The results from this study add to our current understand of how a student council is shaped and how it can affect the law-related education of military cadets. Participants in this study are the members of the cadets' council, cadets with demerits, and administrative staff members in a southern military academy in Taiwan. In-depth interviews, document analysis, and reflection notes were employed during this study to investigate the current state of the cadets' council and how this council fits into the context of the cadets' law-related education. Results of this analysis revealed that some members of the council easily leaked conference resolutions to non-related military personnel which breach military information confidentiality rules. The school atmosphere appears to provide insufficient law-related education to cadets. The influences of the student council on cadets' law-related education were as follows: First, although attending the activities of the student council can advance a cadet's law-related education, the operation of council appeared to be viewed as a mere formality among cadets. Second, the position and the identity of cadets in the student council are questioned. The degree to which different ranks of involved cadets and their acceptance by the council differs significantly. Third, the cadets' degree of autonomy and their ability to resolve issues are susceptible to the influence of school administrative officials. Therefore, this study suggests: First, the rules of cadets' council need to be reformulated, because these rules are old and outdated. Second, the duties and powers of cadets involved in the student council require specification. Third, the modern law-related education concepts should be integrated into school curriculum. Such integration will provide cadets with a better understanding of the operating mechanism of the student council and how it functions. Fourth, the school administrative officials might consider minimizing interventions in the operation of the cadets' student council. These suggestions are forwarded as a possible way to help safeguard the personal rights of cadets and as a future guide for military educators.