| Budget Amount *help |
¥3,700,000 (Direct Cost: ¥3,700,000)
Fiscal Year 1999: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 1998: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 1997: ¥2,000,000 (Direct Cost: ¥2,000,000)
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| Research Abstract |
The purposes of this research are as follows. (1) To examine the school life in Japan aid to analyze and research "the positive law and the educational theory" about the roles, the rights and the responsibilities of the school, comparing with Germany which has the Educational School Law System of "the Knowledge school and parent's participation". (2) To clarify "the roles, the rights and the responsibilities characteristic of the school" from the view point of the comparative law system, by surveying the consciousness of the principals of the private and public, and elementary and junior-high schools. (3) To construct the theory of the educational law system about the roles, the rights and the responsibilities characteristic of the school.
I tried to research and investigate as follows. (1) Analysis about the construction of the law system of "life school and directorial school management" in Japan, and of "Knowledge school and parent's participation" in Germany. (2) Investigation conce
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rning the roles, the rights and the responsibilities of schools.
Bellows are titles of chapters in my report. I Investigation-toward the principals-concerning the roles, the rights and the responsibilities of the school 1. Summary of the investigation 2. Analysis of the results of the investigation
II The theory of the law system concerning the roles, the rights and the responsibilities of school 1. The rights and the responsibilities of parents and the rights and the responsibilities of school (1) Educational rights of parents and school education (2) Educational rights of parents and school educational rights of the state, concerning the contents of public education (3) Parent's participation in school education in Germany 2. School educational rights of the state, and the rights and the duties of pupils (1) the duty of school attendance and educational duty (2) Legal structure of the right to education (3) Educational sovereignty and the fundamental rights and duties of pupils 3. The right of pupil's guidance of school and the legal status of pupils (1) The theory of "besonderes Gewaltverhalnis" in school and the theory of partial society of school (2) legalization of school and the legal status of pupils (3) The fundamental human rights of children (4) The rights of pupils in school (5) School codes and pupil's discipline (6) Regulation of hair-style and dress and the pupil's right of self-decision (7) Comparative legal system in regulation of hair style and dress 4. Accountability of school and the offer of the educational information (1) "Right to know" of pupils and parents, and the offer of the educational information (2) Legal system about the offer of the educational private information in Germany 5. Protection of pupil's privacy and school responsibility (1) Privacy right of pupils and school education (2) Legal system to protect privacy in the schools of Germany 6. Responsibility of school in illegality (1) Justice concerning the IJIME (2) Remedial legal system for the school accidents 7. School life of pupils in Germany Addition : "Gesetzuber die Mitwirkung im Schulwesen" of Nordrein-Westfalen in Germany (translation) Less
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