Conflict And Balance Between Teacher's Disciplinary Power And Student's Personal Rights

Teacher's disciplinary power is an important power for teachers to educate and manage students.It originates from the national right to education and has an important role in ensuring the realization of student's right to education.The personal rights of students are divided into broad and narrow senses.The personal rights of students in this article are the personal rights in the narrow sense.They mainly refer to the rights of students in life,health,personal dignity,reputation and privacy under the management of education and teaching.In the practice of education in our country,there is a real conflict between teacher's disciplinary power and student's personal rights: on the one hand,in order to ensure the quality and the order of teaching,teachers should give appropriate punishment to students who disturb teaching activities;on the other hand,protect students' education.Student's right to education and personal rights are the proper meaning of education law.However,due to the lack of legislative norms and guarantees for teacher's disciplinary power in China,two extreme phenomena have emerged: First,improper punishment has intensified the conflict between them and the personal rights of students,causing serious damage to the student's personal rights.Second,teacher's disciplinary power is not guaranteed.The teacher's indulgence will ultimately hinder the realization of the student's right to education.Therefore,to balance the relationship between the disciplinary power of teachers and the personal rights of students,we must not neglect the realization of the benefits of education and the protection of personal legal interests,nor can we neglect the realization of the personal rights of students.Establishing the legal system of teacher's disciplinary power through education administrative legislation is the key way to balance the disciplinary power of teachers and student's personal rights.This paper gives a three-dimensional explanation of the conflict and balance between teacher's disciplinary power and student's personal rights.The introduction part introduces the origin of the problem and the research ideas.The main body part is divided into four parts:The first part first clarifies the concept,legal attribute and source of power of the teacher's disciplinary power in this paper,and demonstrates its legitimacy.Secondly,it is an overview of the student's personal rights and its legal interest analysis with the teacher's disciplinary power.It lays the foundation for clarifying the boundarybetween the teacher's disciplinary power and the student's personal rights.The second part mainly starts from the mutual influence of teacher's disciplinary power and student's personal rights,combines specific cases to sort out the performance of conflicts between the two,and analyzes the deep-seated causes of these conflicts.The third part explores the balance between the disciplinary power of teachers outside the field and the personal rights of students.Analyze the legal system of foreign teacher's disciplinary punishment and the protection of student's personal benefits,and dialectically learn from the experience and success of foreign research and practice.Based on the above research,the fourth part puts forward the way to balance the disciplinary power of teachers and the student's personal rights.It advocates the regulation of teacher's disciplinary power through the specific legal system,so that the disciplinary power of teachers in China is more operational in practice,thus Personal rights reach a state of relative balance.