大學生的法律地位如何,過去囿於「特別權力關係理論」,並未受到特別重視。自大法官釋字第三八二號解釋確認退學處分為行政處分,而得依法請求救濟以來,大學生的法律地位乃逐漸成為「法律問題」。惟大學生的法律地位與大學自治密不可分,故應先探討大學自治的本質,釐清大學自治相關問題(壹),並檢討我國大學自治之現況(貳)。其次,本文將探究在學關係的法律性質,並從學習自由、學生對於大學自治之參與以及學生會之自治三個角度探討大學生之法律地位(參)。最後,從權利義務觀點,檢討現行體制下有關大學生法律地位的相關問題(肆),並提出建議(伍)。
How is legal status of university student, especially constrained by principle of special relationship of subordination, has not received attention. After that Justice of the Constitutional Court with his 382nd Interpretation has acknowledged discharge as administrative act and a legal remedy against it is allowed, legal status of student becomes gradually ”legal issue”.Student's legal status and university self-administration are inseparable, therefore this paper would at first discuss essence of university self-administration, clarify its correlative questions, and examine the present situation of domestic university self-administration.Next, this article inquires into legal nature of study relationship and discusses student's legal status from three dimensions: freedom of study, student's participation regarding university self-administration as well as self-administration of student association.Finally, from point of law this article examines questions concerned university student's legal status under the current system and makes some suggestions.