论在台陆生参选学生会会长的基本权保障

On the Basic Right Security of Mainland Students in Running for the President of a Student Union in Taiwan Universities

台湾开放大陆学生赴台就读大学至今已四年多,随着陆生人数增加,其基本权保障的问题日益凸显。近来,陆生得否参选学生会会长,便引发诸多争议。该争议所涉及的乃是台湾地区"宪法"第22条所保障的受教权,而非第17条所保障的被选举权。在"宪法增修条文"与指标性"大法官解释"对于两岸关系的定位下,陆生仍为台湾地区"宪法"的基本权主体。而且,在"宪法"所规范的"宪政"秩序下,更应保障陆生参选学生会会长的权利。

It has been four years ever since mainland students went to Taiwan to pursue their studies in Taiwan colleges and universities. With the increasing number of mainland students in Taiwan, the basic guarantee of their right is also becom- ing increasingly prominent. Recently, there rises much controversy over whether mainland students should have the right to run for the president of a student union. In fact, the dispute has something to do with the Article 22 rather than Article 17 in the ＂constitution＂ of Taiwan. In the ＂constitntional amendment＂ and the index of the ＂judge interpretation＂ for the positioning of the cross-Strait relations mainland students in Taiwan is still the Taiwan ＂constitutional＂ basic right subject. Moreover, their right to run for president should be guaranteed under the constitutional order of the ＂constitution＂.