Abstract This report describes an action research project that was designed to determine the effect of using the moot court of class and relative teaching activities in the elementary school, especially on students¡¦ law-related knowledge and other relevant influences. By founding the moot court of class, the purpose of the research was to give students law-related knowledge and establish classroom rules through the arbitration and public justice of the third-party advisor. In the process of participating public affairs, students learned to know the difference between right and wrong, developed the moral qualities full of respect and forgiveness, and then promoted students¡¦ ability on critical thinking and self-reflection at the same time. The model increased the function of self-governing activities in the class, reduced the amount of time and frequencies for the teacher to deal with students¡¦ arguments, and finally achieved the aim to help students follow rules, promote students¡¦ learning results and the teacher¡¦s teaching effect. Through the strategies used to help students correct their own interpersonal interaction styles, students could be accepted by the whole group and became one important group member. The model fulfilled the three education goals¡Xteaching, integrating into lives, advising and correction. According to data analysis and observation, the major findings of this research were as follows. 1. The events and causes of students¡¦ arguments did not change a lot with time and places. 2. Students liked to participate activities in the moot court of class. The atmosphere was serious but warm. 3. Procrastination changed the way how students faced conflicts and reduced the interruption on the teacher¡¦s teaching process. 4. The function of the moot court of class was to solve conflicts, and then counseling strategies were use to lead the thought and improve behavior. 5. The model had positive effect on students¡¦ self-reflection and critical thinking. 6. Under the suitable model, classroom rules didn¡¦t have to be made right after the school year began. 7. The third-party advisor was helpful to complete communication, and made the arbitration to good effect. 8. The arbitration in a group had positive influence on students¡¦ self- discipline. According to the research results, the suggestions for educators were as follows. 1. Give students opportunities of expressing themselves in writings to balance the function of oral communication. 2. Use Homeroom Teacher¡¦s Time well to put law education into practice in daily life. 3. Make the disciplinary policy in cooperation between the teacher and students. Notice the power of the teacher to avoid indulgence. 4. Keep teaching records, and adjust according to students¡¦ needs. 5. Make reference to law-related websites to combine life with learning. 6. Use counseling strategies properly to help students perceive knowledge and carry it out in daily life. 7. Communicate the ideas of class management with students¡¦ parents to avoid any misunderstandings.

臺灣位於東亞，不論由其人口結構及歷史背景，臺灣的法律制度即以傳統中國法律制度為主體，並內化於臺灣人民生活之中。然自十九世紀末以來，臺灣之法律制度由殖民之日本政府及後來之中華民國政府強勢引進近代西方之法律制度，臺灣的法律制度亦逐漸由傳統中國法律制度改以近代西方法律制度所取代 。然傳統東亞的法律觀向來將法律視為統治之工具，而人民亦將法律視為遵守之準則，至於法律本身之意涵或精神似乎即無人關心，臺灣雖引進近代西方法律制度，然即有上該之問題。另外近代西方法律制度與本土的傳統中國法律制度有極大之差距，導致形式之法律與內化之法文化有極大之落差，則如何將形式之法律落實於生活及內化於臺灣人民心中，在臺灣即為不容忽視之一重要問題。又臺灣自西元1987年解除戒嚴以來，不論於政治、社會或教育之環境，均產生劇烈之變化，簡而言之即政府對人民之箝制愈來愈寬鬆，政治朝向民主化。但民主社會下，臺灣社會卻讓人有紊亂、淺層民主之疑惑，許多人即發現問題似乎在於所謂民主基石之法治在臺灣尚未落實，而法治社會建立之急切性亦足顯示法治教育之重要性。 然臺灣之官方法治教育於解嚴後，似乎並沒有真正跟上其民主之進程，理論與實際操作之落差，亦衍生臺灣法治教育之現場問題叢生，官方或將法治教育簡略為所謂之犯罪預防教育或法條背誦教育。民間團體之領導人，此包括法律界、家長甚至第一線教學現場之教師，亦逐漸發現此中重要之問題，而積極向美日等國取經，希冀從外國之經驗，改變臺灣法治教育之現狀。本研究試圖從臺灣法制文化背景、解嚴後臺灣大環境之變化分析中，以釐清法治教育對臺灣之重要性；並從解嚴後臺灣法治教育不論由官方或民間之變革中，透過文獻探討、比較分析及深度訪談之方式，提出有關臺灣法治教育現況問題之所在、應變革之方向及建議，以期對臺灣法治教育的未來有些許之助益，並衷心期待二十一世紀之臺灣擁有健全的公民社會，並成為一個真正民主法治的國家。

This thesis analyzes how caring relationships and an emancipatory approach to law related education (LRE) within juvenile justice facilities can cultivate political agency. I focused specifically on Camp Afflerbaugh-Paige, an LA County juvenile probation facility, in La Verne, CA, as a case study. During three months of teaching a law related education class and embedding myself at the facility with an asset-based framework, I encountered a wealth of knowledge that incarcerated juveniles possess, not from formal education or research, but based in their own lived experiences. Los Angeles County Probation spends $233,000 per student per year; assuming best intentions of those in charge and the actors, the students, with a wide array of expertise, should be thriving within these institutions and set up for success upon their release. Unfortunately, though, students’ academic, entrepreneurial, and legal expertise are criminalized rather than cultivated by the juvenile justice system. Through a policy class, the students created reforms to address the challenges of a paramilitary camp that neglects students’ emotional, physical, and mental health. The challenges in the environment complicate the political agency of students within the camp and post-release. I am making the claim that the political agency of the students is visible and the assets are tangibly cultivated by an emancipatory pedagogy, ethic of care, and the law related education curriculum.