Study On Corporal Punishment And Teachers' Legal Responsibility For It In Chinese Primary And Secondary Schools

In china, although corporal punishment in school is banded already, the law doesn't explainwhat's "corporal punishment" and how to use the law in school. That makes people feelconfused about the borderline between "corporal punishment" and those reasonable forms ofpunishment or disciplinary measures. So a trend appears towards two opposite direction inschool now: On the one hand, corporal punishment is not ended and the law fails to protect thestudents' rights. On the other hand, many schools and parents tend to restrict teachers too strictlyon how to discipline students, that hinders the teachers to fulfill their legal duties. This dissertation aims to deal with this problem based on others' study. Firstly, the authorpresents the situation of corporal punishment in Chinese primary and secondary schools bysurvey research and analyzes other countries and Taiwan's law related to corporal punishment.Secondly, the author explores the legal relation between schools and students. Furthermore, theauthor explains the relationship between students' civil rights and teachers' public power. Finally,based on the front discuss, the author defines "corporal punishment" and explains how todetermine and impute the legal responsibility of teachers for administering corporal punishment.