The Conflict And The Mediation Path Between Teacher's Punishment Right And Students' Rights

In recent years,in China's primary and secondary schools,such as teacher infringed upon the rights of the student?student assaulted their teacher,parents looked for trouble at school,bullying and violence on campus,and so on.These malignant events occur frequently and are reported.This has caused extensive attention from all sectors of society and raised the question that the proper exercise of education punishment right in primary and secondary schools and the conflict between teacher's punishment power and student's rights.The research and discussion of domestic scholars began.In the new century,with the implementation of the rule of law and the strategy of administering education according to law,the process of legalization in our country has accelerated significantly.Primary and secondary schools have also gradually stepped into the legal track.Under the current rule of law,how to standardize and perfect the education punishment system to make the teachers' power legitimate and appropriate use?how to ensure the students'basic rights are not infringed while fully exercising their right of punishment?how to effectively mediate the contradiction and conflict between teachers' punishment power and student's rights?The research around these problems is a project that has great theoretical and practical implications.This article is a special study on the conflict and mediation between teachers'punishment power and student's rights.The purpose of this article is to grasp the main line of the mediation of the conflict between teacher's punishing power and the rights of students.From the exposition that about the meaning and legal nature of the teacher's punishment power and the composition and content of students' rights set out,through the empirical research to analyze the several manifestations and consequences of conflict of rights,revealed the reasons behind the conflict of rights.On this basis,the basic path of conflict mediation is proposed.The content of this paper can be divided into five parts:In the first part,the introduction elaborates about the reason of choices,research significance,domestic and overseas research status and research ideas and methods.The second part gives an overview of the teachers' right to punishment and students'rights.In this part,we focus on the law and principle of teachers' punishment and students' rights.Including the meaning,nature,jurisprudence,implementation object,principle,form and procedure of teacher's punishment right,student's legal status,structure and content of student's right.In the third part,through the empirical research,the author analyzed the manifestation of the conflict between teachers' punishment and students' rights and the negative effects and consequences of the conflict.The fourth part is an inductive analysis of the causes of the conflict between teachers' punishment and view of punishment and the concept of appreciation education,and conflict couldstudents' rights.The author thinks that these reasons include:the conflict between the educational be in accordance with the legal basis of administering education according to law,the management conflict between the identity of the school administrative subject and the student's administrative counterpart,the absence of legal consciousness of the professional ethics of the teachers' group,parents and students are overprotective.etc.The fifth part is the discussion on the mediation path of teachers' punishment right and student's right conflict.Based on the current investigation and analysis of causes,the author proposes the path and strategy of mediation conflict:speed up relevant laws and regulations,set up institutionalized school education discipline,teachers properly exercise the right of punishment,improve the media literacy.etc.