The Legitimate Exercise And Legal Regulation Of The Education And Punishment Power Of Primary And Secondary School Teachers

At present,in the daily education and teaching process,primary and secondary school teachers implement educational punishments and infringe on students frequently.In this regard,the right of education disciplines of primary and secondary school teachers has attracted the attention of academic circles and the public.Studies have shown that the current primary and secondary school teachers present a polarization of "fear of use" and "abuse" when exercising their power of teacher education discipline.The specific manifestations of "fear of use" are: lack of teacher education and discipline power;specific performance in "abuse" It is: improper application conditions of teachers' right to education and discipline,abuse of discipline methods,and failure of discipline procedures.First of all,on the basis of clarifying the three differences between educational punishment and corporal punishment and disguised corporal punishment in the first part,this article sorts out the infringement phenomena that exist in the process of educational punishment,including:violation of personal freedom and dignity,life and health rights,property rights,Five basic rights including the right to education.At the same time,it analyzes the legal attributes of the right of education and discipline of primary and secondary school teachers,and believes that this right is essentially an educational method that the state has given teachers to manage students' anomie behaviors.It is a complex right for education,which has power,rights and Three-tier attributes of obligation.After investigating the issue of the legitimization of the right of education and discipline of primary and middle school teachers,it is believed that it is necessary to regulate the rights of education and discipline of primary and secondary school teachers.Secondly,to sort out the problems existing in the practical operation of the right of education and punishment of primary and secondary school teachers in my country,we can see that the specific reasons for the polarization of this right to "fear of use" and "abuse" are as follows: It stipulates "educational punishment",and the relevant laws and regulations are too principled and unworkable;second,the lack of complete education and discipline power procedures for primary and secondary school teachers;third,the lack of supervision and appeal relief mechanisms for primary and secondary school teachers' education discipline power.Finally,regarding the legal regulation of the education and discipline powers of primary and secondary school teachers,ideas are put forward from the entity and procedure levels.At the substantive level:First,determine the target and scope of punishment from the perspective of the "principle of legal retention",clarify the types of punishment,and explore and set hierarchical education punishment measures;second,determine the education punishment from the perspective of the "prohibition of improper connection principle" Factors to consider when exercising their rights(such as age,gender,past behaviors,etc.);third,build a supervision system that combines internal and external supervision to effectively protect the legal rights of students and effectively supervise the exercise of the education and discipline powers of primary and secondary school teachers.At the procedural level: while setting the procedures from the three stages of "before","in the event" and "after the event",at the same time,the summary and ordinary procedures for education punishment are set up according to the different severity of the education punishment.Applicable to the category of "general education punishment",and ordinary procedures are applicable to the categories of "heavier education punishment" and "severe education punishment".Starting from the scope of appeal acceptance,accepting subject,institution setting,appeal procedure,etc.,a set of effective appeal and relief mechanism for the education and discipline power of primary and middle school teachers is constructed.