Research On The Nature Of Teachers' Disciplinary Power

Teacher's power of punishment has long been a controversial and unavoidable issue.The ancient sayings of "spare the rod,spoil the child" and "ferule discipline" show that teacher discipline does not only exist in modern times,it is real between teachers and students in any period.However,in practice,teachers' punishment is lack of legal norms,and there are no provisions in school constitution,school rules and school rules.Due to the lack of the guidance of normative documents,the current school teachers' punishment is faced with the dilemma of abuse of disciplinary power and loss of disciplinary power.The root of this problem is that the academic community has not yet reached a unified conclusion on the legal attribute of teachers' disciplinary power.On the basis of sorting out the research results on the legal attribute of teachers' power of punishment in the academic circle,this paper evaluates and analyzes the theories in combination with the relevant provisions of education law and teachers law,and concludes that the current law can not reasonably deduce the contained or implied teachers' power of punishment.Therefore,it is necessary to study the legal attribute of teachers' power of punishment from the perspective of jurisprudence.First,according to the unequal relationship between schools and students,teachers' power of punishment has the power attribute.Secondly,on the basis of power,the author considers that power belongs to the category of public power by combining with the standard of dividing the public and private attributes of power and the public and public nature of teacher punishment.Finally,this paper compares the two kinds of public power: social public power and state public power,and analyzes the subject of power,source of power,content of power and rules of power enforcement of teachers' disciplinary power.The conclusion is that the legal attribute of the power is social public power.The clarity of the legal attribute of teachers' power of punishment is the basis to solve the dilemma in the exercise of the power of punishment and the premise to establish the system of teachers' power of punishment.Therefore,after solving theproblem of the legal attribute of teachers' disciplinary power,it is still necessary to formulate relevant norms and establish a perfect disciplinary system.Only in this way can teachers' disciplinary behavior be brought into the legal track of modern society.