國小法治教育批判思考教學研究－－以「責任」概念為例

Law-Related Education Critical Thinking Instruction Research at Elementary School - A Case of the 'Responsibility' Concept

「教育基本法」第2條明定：「教育之目的為培養人民健全人格、民主素養、法治觀念」，故輔導學生自治、培養民主素養及法治觀念，應是全國各級學校教育之基本目標與責任，而民主素養，法治觀念的培養及對基本人權之尊重，是學校教育的基本目標與責任，也是國家重要的教育發展方向。現代的法治理念，建立於保障人權與民主的價值上。法治教育在九年一貫課程中，其目標應為培養具民主素養和法治觀念的國民，而九年一貫課程的實踐上，如何以人權何障的觀點做為推動法治教育，並培養學生需要的批判思考能力以養成未來優質公民，乃係本文探究的動機與目的。法治理念之建構，除透過法治教育教學等方式逐步進行，使學生於法治教育課程了解法律意涵與精神外，更應在日常生活中培養尊重人權及崇尚法治之正確觀念，進而具有獨立思考、判斷問題能力，以及尊重他人意見之民主風範，法治教育更與批判思考能力的培養有關，亦即透過批判思考能力的涵育，更能落實學生人權法治觀念與素養。本文擬就九年一貫課程中法治教育意涵、批判思考的法治教育，以及「責任」概念的法治教育教學等做為探究論述其彼此之間關係。

Educational Fundamental Act, Article 2: The purposes of education are to cultivate modern citizens with the development of wholesome personality, democratic literacy, ideas of rule of law, and humanities virtues, patriotic education, native soil care and information capability; strengthening people's abilities to think, judge and create; and enhancing respect for basic human rights. Counseling student self-government and fostering their ideas of rule of law should be the basic aim and responsibility of all schools. The democratic literacy, developing ideas of rule of law, respect for basic human rights not only the basic aim and responsibility of all schools but also the important education developing direction of nation. Modern rule of law ideas base on the values of protect human rights and democracy. In Grade 1-9 Curriculum law-related education's aims are to cultivate modern citizens with ideas of rule of law, democratic literacy. Therefore the purpose of this article is to inquiring how by protect human right to enhance law-related education and develop qualified future citizen with critical thinking ability. Throughout law-related education instruction would construct the rule of law idea, and then the more important is to let students understand the spirit of law in law-related education lessons, furthermore, to let students have respect human right and rule of law correct point of view, and independent thinking, question judging ability all these could by through law-related education critical thinking instruction. This article will discuss the meaning of law-related education, critical thinking law-related education, responsibility concept law-related education instruction and the relationship with each other in Grade 1-9 Curriculum.