Education Disciplinary Legal Research

It is an accepted fact that there are contradictions between schools and students, teachers and students,and between discipline observing and violation ,also, the related award and punishment exist accordingly. As to the school and teacher, they are responsible for managing students. One of their functions is to handle the students who have violated the school's disciplines and rules. Education punishment means the penalty to the violator that make them suffer in body and mind, but the condition is that it will not injure or affect the violator physically or mentally. The punishing right comes from school first, teachers also have the right since they are the executors who implement school management. The punishing right originates from many ways and is in common use in course of education action. As one of education methods and game rules, it centers on regular education law explanation based on power and connected education morality explanation based on good. Different education punishment outlooks are constructed by different favors to the value approval of two aspects. In recent years in our country, we attach great importance to encouraging and appreciating education. We must respect the students'right to education and treat them fairly, but punishment can not be replaced or canceled. The existing students'violation of discipline and the students' physical security make it necessary for education punishment. It is a psychological need not only for punisher but also for offender. I t is also the need to build social credit system and education order. Punishment is the only way to avoid violation of law and committing of crime. It still has the reason to exist in nowadays for properness, but it is one of penalizing means exerting certain physical and mental influence to students. We can see in reality all kinds of results caused by school's and teachers'punishment to students. We must get into the theoretical level from fact one. This paper focuses on four aspects which discuss realistic possibility of: (1) rational education punishment; (2) limitation of the education punishment; (3) regulating of the contradictions during education punishment; (4) the law effect of the education punishment.