A Study On Legal Problems Of Punishment For Primary And Middle School Teachers

The "Administrative Measures for Primary and Secondary Schools in Qingdao" for the first time proposed "educational punishment" in the form of educational legislation.However,the "Measures" do not specify the implementation rules,and the punishment is not based on the superior law.The provisions of our current education legislation on teacher discipline are still unclear.This article studies and improves the teacher discipline system from the following five aspects: The first part defines the concept of teacher discipline,distinguishes between teacher discipline and punishment,discipline,corporal punishment and other related concepts,and elaborates the historical evolution and theoretical basis of teacher discipline.The second part analyzes the national and local teacher punishment legislation in China.The third part summarizes the status quo of the implementation of teacher punishment in our country,and analyzes the reasons behind teachers 'abuse and abuse of punishment power:teachers' concept of punishment is vague,targets are not clear,there is no unified method standard,lack of supervision,and lack of relief channels.The fourth part draws on the advanced legislative experience of Japan,the United States,the United Kingdom,and Taiwan.The fifth part puts forward some suggestions on the legislation of teachers' punishment in China,including some perfect views on the "Regulations on the Implementation of Educational Punishments for Primary and Middle School Teachers(Draft for Solicitation of Comments)".Specific suggestions include: clarifying the implementation principles,concepts,and subject matter of teacherpunishment,refining punishment methods,exercising procedures,improving supervision mechanisms,and clarifying relief channels and measures.