Research for establishment of a fundamental theory of legal relationship among children, parents, teacher and school and its application

本研究旨在建立一套系统的学院法理论。这一理论的中心点是确立儿童的学校关系权利。经过两年的努力，我们作为首席研究员西原浩史教授的合作调查员，已经在一定程度上实现了这一目标。最重要的结果是建立在对学制与儿童权利关系的系统认识的基础上。公立学校可能以两种不同的方式使自己合法化：作为儿童权利的实现和作为与儿童权利相反的某些社会或民主价值的实现。在第一种情况下，必须审查儿童权利是否真正得到实现；在第二种情况下，必须证明限制儿童权利的必要性。这种系统性的关系在近两年的首席调查员的著作和文章中得到了描述，关于民主教育的适当程度的讨论仍在继续。这本书采用了双方的论点，作为本研究的最终结果出版。

This research has aimed at establishing a systematic theory of school law. The Central point of this theory is to establish children's right in school relationships. After pursuing this research objective for two years, we, the co-investigators conducted by the head investigator Professor Hiroshi Nishihara, have managed to achieve this goal to a certain extent.The most important result lies in the foundation of systematic understanding of the relationship between school system and children's rights. Public Schooling may legitimate itself in two different ways : as realization of children's rights and as realization of some societal or democratic value contrary to children's rights. In the first cases, it must be scrutinized whether children's rights are really in fulfillment ; in the second case, the necessity to limit children's rights must be proved. Such systematic relationship has been described by head investigator's books and articles in the last two years.There is still ongoing discussion about the proper extent of the democratic education. The arguments of both sides are adopted in the book published as the final result of this research.