On The Nature Of Disciplinary Rights Of Primary And Secondary School Teachers

With the acceleration of the democratization of education,people are increasingly emphasizing "appreciation education"."Disciplinary education" may involve physical and mental harm to students,which can easily lead to dissatisfaction from the parents of students.In addition,some media public opinion exaggerates,Disciplinary education is placed on the edge.In the marginal zone;the opposite extreme is that some teachers are arbitrary,excessive,and abuse of discipline,which causes the legitimate rights and interests of students to be infringed.Facing the dilemma of teachers' exercise of disciplinary power,relevant laws and regulations lack normative guidance.On December 23,2020,the Ministry of Education issued the "Educational Disciplinary Rules for Primary and Secondary Schools(Trial)",which clarified that teachers and schools can impose educational punishments on students,and schools can also formulate school rules and disciplines for educational punishments on their own,but there is no clear stipulation on the nature of the power(right)education punishment.Theoretical and practical circles are still arguing about the nature of teacher's disciplinary power(right).The nature of teacher's disciplinary power determines the legal regulation method,and it still needs to be further discussed.The identification of the nature of teacher's disciplinary power(right)is based on the clarification of its concepts and characteristics,especially the relationship between teacher disciplinary power and school disciplinary power,and the relationship between teacher disciplinary power and corporal punishment,which are blurred in theory and practice.Identify it so that its concept is clearer.There have been many discussions on the nature of teachers' power(right)to discipline in academia.This article is based on the analysis of academic viewpoints,combined with relevant provisions of the Constitution,Education Law,Teachers Law,Minor Protection Law,etc.As well as the theory of administrative law,it has been concluded that using the theory of state power to explain teachers' power(right)to discipline will face many unexplainable paradoxes.The theory of professional rights also cannot provide for disciplinary actions that may antagonize students' right to education,personal rights,and property rights.Full legality.Seeking a solid and broad legal basis for teachers' disciplinary power(right)from the perspective of social public power is more in line with the theory and system reality of teachers' disciplinary power in our country.Regarding the identification of the public power of the teacher's right to discipline,first of all,the teacher's right to discipline is a unilateral control and order based on the superior resources of the teacher relative to the student's knowledge,qualifications,etc.,and the teacher's discipline of the student directly affects the student,In line with the characteristics of power,it is concluded that the teacher's disciplinary power is a kind of power.Secondly,on this basis,combined with the scholars' standards for the division of the public and private attributes of power,the basis for the exercise of teacher's disciplinary power,the publicity of the purpose of exercise,and the public interest,it is considered that it belongs to the category of public power.Finally,by summarizing the source and concept of public power in society,and combining the comparison between public power in the state and public power in society,it is concluded that its main body,source of power,content of power,and the basis for power exercise are derived,and then combined with the characteristics of the teacher's disciplinary power itself.Analyzing and demonstrating,finally concluded that its nature is social power.The nature of the teacher's disciplinary power determines the way the law regulates it and the boundary of the state power.Teachers' right to discipline is a public power.Under normal circumstances,the state should respect the autonomous management of schools,and schools should implement their own governance through the improvement of their constitutions and school regulations.However,the formulation of school regulations and school regulations should not conflict with the constitution and laws;for serious punishments that endanger the basic rights of students,the law should improve relevant norms and establish a complete remedy system,especially in-school appeals and government appeals systems,and at the same time put teachers' disciplinary powers into the exercise of the rule of law.