Research On Educational Discipline Power Of Teacher ——Inspired By The Experience Of Japan

With the announcement of the "Rules for Discipline in Primary and Secondary School Education（Trial）" on December 23,2020,educational discipline has begun to become a high-profile topic.For the first time in a national legal document,the disciplinary system for primary and secondary school education is stipulated in the form of departmental regulations.Although the legislative time of educational discipline power in China is relatively short,educational discipline as an indispensable means of education in educational activities has a long history in China.For a long time,under the influence of traditional educational and disciplinary concepts such as "no fighting,no achievements" and "filial piety under the stick",educational discipline and corporal punishment seem to be difficult to distinguish.Under the influence of traditional educational ideas,people have long equated educational corrections with corporal punishment.Due to the unclear definition of the concepts of discipline and corporal punishment,parents and society are prone to excessive protection of students.At the same time,in the context of the era of respecting human rights and protecting individual rights from damage,appreciation education has been vigorously promoted,teachers are in an embarrassing situation of"dare not manage" and "do not want to manage" to students,and the exercise of the right to education and discipline is facing many difficulties.However,incentives and educational discipline are indispensable educational means in educational activities,and the two should not be abandoned.However,in the actual operation of the current educational activities,some teachers,in the face of multiple pressures from society and news and public opinion,have chosen to voluntarily give up using educational discipline in order to avoid exposure to risks.In addition,some teachers have difficulty grasping the "degree" of corporal punishment and educational discipline,and there is a possibility of excessive exercise of the right to education and punishment.As a neighboring country separated only by a strip of water,Japan and China share similar cultural background and development history of educational discipline.Compared with China,educational discipline system in Japan has a long history and rich experience.The adoption of tangible force,the principle of case system and the guiding principle of cases in the educational discipline system are worth our reference.In view of the weakness of the development of educational discipline in China,this paper,with reference to the experience of Japan,puts forward practical suggestions to improve the educational discipline system in China.In the introduction part,teachers’ disciplinary problems are expounded from the research background and purpose,research status,research significance,research methods,innovations and shortcomings.The second part introduces the development history and present situation of educational discipline in China.First of all,this paper sorts out the laws concerning China’s educational discipline power,especially the punishment power of primary and secondary school teachers,and looks for the characteristics of the development of China’s educational discipline system.It is found that the legal provisions prohibiting corporal punishment in China are not really established from the very beginning.It was not until 2006 that a ban on corporal punishment was fully established in the education law.With the continuous development of China’s educational discipline system,the exercise of discipline power is facing difficulties.The main problems include unclear definition of punishment,no clear distinction between corporal punishment and educational discipline,lack of case guidance,and weakening of teachers’ status.The third part is the history and current situation of educational punishment in Japan.First of all,the original educational punishment thought in Japan originated from ancient China.During the Meiji Restoration period,Japan gradually learned from the Western educational punishment system in the process of comprehensively turning to the western system.Corporal punishment was already prohibited by the 1879 Primary Education Ordinance.However,the educational punishment system in Japan also went through a similar process.The ban on corporal punishment was not really established until the School Education Act of 1947.The experience of Japan’s educational punishment system includes allowing the use of physical force,guiding system of judicial decision,detailed rules to distinguish punishment from corporal punishment,and absolute prohibition of corporal punishment.The fourth part is based on the premise that China and Japan have similar historical and cultural background and similar development history of educational punishment system,referring to the experience of Japan,aiming at the problems existing in China’s educational punishment,put forward corresponding suggestions for improvement.For example,the use of limited tangible force,the principle of case-by-case judgment,the definition of punishment power in the law,case guidance system.