A Study On The Law Of Disciplinary Right Of Primary And Secondary School Teachers

Because of the vague legislation on the right of disciplinary of primary and secondary school teachers in China,there is a dilemma that public primary and secondary school teachers have the abuse of disciplinary right and the loss of disciplinary power in the course of education disciplinary.The reality calls for the carding and research on the legal problems of the teacher's disciplinary right.On the basis of clarifying the connotation of teacher's right of disciplinary,this article clarifies the rationality and necessity of the existence of teacher's disciplinary right.Taking the legal relationship between the school and the student as the starting point,it analyzes the legal nature of the teacher's disciplinary power,and believed that the teacher's right to punish is essentially a compound right that is implemented by the teacher and is authorized by the state to regulate the student's discipline.Secondly,combining the results of empirical investigation,it is analyzed that there are four manifestations of the actual legal predicament faced by teachers in public primary and secondary school in China: the abuse,loss,transfer of disciplinary power,and improper timing,occasions and methods of disciplinary right,or any combination of four types.After combing the existing right to discipline teachers of the relevant legal provisions,discussed the legal and non-legal reasons for the disciplinary authority of teachers in primary and secondary reasons appear realistic predicament.The conclusion is that in order to get rid of the predicament of the current teacher's disciplinary power,it is necessary to standardize the educational disciplinary action of teachers from the legislative level.After summarizing overseas successful law enforcement and judicial experience,this article proposes targeted proposals on how to improve the disciplinary power of teachers in China from substantive law and procedural law.First of all,in the aspect of substantive law,,in the course of legislation,the subject,object and object of teacher's disciplinary right should be clarified.Secondly,classify the commondisciplinary measures in primary and secondary schools and confirm them legally and illegally.The disciplinary measures should follow the principles of legitimacy and rationality.Third,it classifies the prevalence of disciplinary violations among primary and secondary school students,and at the same time provides a selection criterion for disciplinary action,and limits the implementation of disciplinary measures in the form of stipulating the highest standards.In terms of procedural law,punitive implementation procedures should take into account efficiency and fairness.Teachers should exercise three types of disciplinary bodies,authorities,and implementation procedures according to the degree of severity of student misconduct given when exercising disciplinary power.In terms of procedural law,the disciplinary enforcement procedure should take into account the efficiency and fairness,the teachers in the exercise of disciplinary rights according to the severity of the students disciplinary action,according to the different severity of three different disciplinary subject,authority and implementation procedures.In addition,to the relief mechanism and supervision mechanism of disciplinary right,the way of broadening legal supervision and judicial relief is supplemented.It is proposed to set up a system of complaints within the school,and the construction of the system of representations is concerned with the scope of appeals,the subject of complaints,the institutions and members receiving complaints and the complaints procedure.