||Education is a long-term effort. The children and teenagers are the pillar-to-be in our nation. Moreover, the popularization of national education can contribute to the enhancement of national competitiveness. Thus, the Article 21 of the Constitution of Taiwan regulates that the people shall have the right and duty to receive national education, which means anyone shall have the right to receive national education and the duty to receive national education as long as he or she is a citizen of Taiwan. Furthermore, to practice education drastically, the nation promulgates the Compulsory School Attendance Act. It allows local governments to establish “committee of compulsory school attendance” to manage the dropouts from elementary and junior high schools, targeting “zero dropout.” |
However, the good faith of the regulations can not be implemented well for every citizen in terms of “the right and duty to receive education,” especially for the students who drop out of school. It is affected by complicated factors, such as personal value, society, economy, peers, indigenous people and new immigrants. Dropping out has concerned the field of education the most, and it has also brought related problems to the society and public order. Therefore, it is necessary to research and to discuss how to organize an effective legal system of dropout counseling management.
Based on the 5 major frameworks of administration law, including administrative principles, administrative organization, administrative authority, administrative remedy and administrative supervision, this study aims at examining the legal system of junior high dropout counseling management to redress the deficiency of current law with researching by reference, historical analysis, comparative analysis and induction analysis in different aspects. Meanwhile, by learning from advanced countries, such as the U.S., Japan and Korea, some specific manners and suggestions, such as establishing dedicated organizations or offices, paying attention to secondary education and reinforcing the function of halfway schools, are expected to be provided for the government, schools, private organizations and future researchers. Through the above-mentioned manners, the situation of dropouts can be redressed and corrected. Moreover, the spirit of the Constitution, namely, the right and duty to receive national education for all citizens, can be fulfilled.