The Legislation Study Of The Primary And Secondary School Teachers' Instructive Punishment Power

The primary and secondary school teachers'instructive punishment power is a controversial and unavoidable problem for a long time. The existence of instructive punishment is historic, which is demonstrated by "spare the rod and spoil the child" and "the ruler punishment"; the existence of instructive punishment is realistic, which exists real between teachers and students. However, due to the lack of effective legal regulation, teachers' punishment had many problems, caused the severe social influence. On one hand a teacher's punishment abused seriously hurt students' physical and mental health, on the other hand the loss of instructive punishment power is hard to control a bad character and hard to reach educational goal. In order to make our children to grow healthily, in order to make our children to develop good study habits, in order to achieve the goal of education, we need effective regulation to control teachers' instructive punishment power. This requires to build legislation to effectively run teachers'instructive punishment power.The first part discusses the meaning and characteristic of instructive punishment and the teachers' instructive punishment power is a compound of power and right.In order to build teachers'instructive punishment power law, we should first clearly know what it is, then know what nature it has? This paper, through referring to Lao Kai-sheng teachers' and Wang Hui teachers'point of view, the teachers' instructive punishment power is that teachers have right to punish students' violations behavior and instruct students to develop proper behavior. The subject of teachers' instructive punishment power is a teacher, the other is a student, the object is a student of irregularities. The nature of teachers'instructive punishment power is mainly a public authority, a kind of public power requires explicit authorization of the country, any person not authorized to implement any instructive punishment is illegal. However there are so many punishment to students from teacher, which is also the urgency of legislation for teachers'instructive punishment power.The second part discusses the necessity and feasibility of the teachers' instructive punishment power legislation.At present it is necessary to give teachers' instructive punishment power legislation, because of lack of discipline and punishment abused has hurt students' physical and mental health, hindering the educational purpose. It is feasible to give teachers' instructive punishment power of legislation, because it satisfies people's traditional ideas, conforming to the international human rights protection, and has legally rationality.The third part discusses the teachers' instructive punishment power legislation sources and the reference of foreign legislation. The teachers'instructive punishment power legislation has sources, the sources of ancient Chinese and modern, at the same time, foreign successful experience of teachers' instructive punishment power legislation also provides a reference for us.The fourth part discusses Legislation proposals on teachers'instructive punishment power. In the future, the teachers'instructive punishment power legislation should make clear its principle, especially educational principle as the basic principle.In the teachers' instructive punishment power legislation, we should give the clear concept about legal relationship of the teachers' instructive punishment power and make it clear that its subject, object, the direct object, and supervision procedure and relief way are made in it.