Research On The Legal Implementation Strategy Of The Right Of Physical Punishment Of Primary And Secondary School Teachers

With the continuous and stable development of education,education issues are more and more attention,in which the disciplinary right of primary and secondary school teachers is the current topic of concern and debate in education practice.The disciplinary right of primary and secondary school teachers is not only a special right for teachers to educate students,but also a professional right that teachers should enjoy and implement in order to achieve their educational goals.For primary and secondary schools,teacher punishment mainly includes non physical punishment and physical punishment.The most controversial issue is the teacher's body punishment right.At present,the use of the teacher's body punishment right is in a dilemma-the cases of students' physical and mental health being harmed by excessive punishment by teachers;the cases caused by teachers' fear of punishing students It is also common that they dare not manage the students who violate the discipline.Although,on November 22,2019,the Ministry of Education issued the "rules for the implementation of education punishment by primary and secondary school teachers(Draft for comments)",due to its lack of operability,it failed to promote the "legalization" process of teacher punishment.The purpose of this paper is to study the right of physical discipline of primary and secondary school teachers,and to put forward the strategy of "legalization" of the right of physical discipline of teachers,which is conducive to students' habit of changing when they are aware of their mistakes and taking responsibility bravely,to the cultivation of their frustration tolerance,to the cultivation of the quality of bearing responsibility,to the formation of a strong character and to the enhancement of their ability to resist pressure,and finally to the improvement of their ability to bear pressure Education and teaching quality service.Of course,primary and secondary school teachers must grasp the yardstick when they exercise the right of physical punishment.Only in accordance with the prescribed procedures and methods of physical punishment for students,can they achieve the ideal effect,and ensure the normal progress of educational activities and the realization of educational goals.In this paper,the method of empirical investigation is used to study primary and secondary schools in a county of Fangchenggang City,Guangxi Zhuang Autonomous Region,Through interviews with school administrators(principals,teaching directors),teachers and parents,we can understand the current situation and problems of the implementation of the disciplinary rights of primary and secondary school teachers from different perspectives.We can also enter the classroom and interact with students,fill in questionnaires,understand the current situation of the implementation of the physical disciplinary rights of primary and secondary school teachers from the perspective of students,and summarize the main factors affecting the implementation of the physical disciplinary rights of primary and secondary school teachers.On this basis,drawing on the experience of the effective implementation of the primary and secondary school teachers' body disciplinary rights in foreign countries,this paper combs the legislation,disciplinary procedures and disciplinary methods of the primary and secondary school teachers' body disciplinary rights in the United States,Japan and South Korea,and summarizes the realization strategies of the legalization of the primary and secondary school teachers' body disciplinary rights.This study is divided into five parts:The first part is the introduction,which mainly introduces the proposition of the problem,the purpose and significance of the research,the literature review,the definition of the related concepts,the research ideas and the research methods adopted;The second part is the current situation and problems of the implementation of the physical punishment right of primary and secondary school teachers.Through the analysis of the questionnaire and interview records,it is concluded that: teachers dare not to implement the punishment right for the students who violate the discipline,which is a common phenomenon,and the situation that the improper implementation of the punishment right leads to the physicalpunishment still exists,and the physical punishment of the students by teachers has become a problem that puzzles the school management;The third part is the main factors that affect the implementation of the physical punishment right of primary and secondary school teachers,mainly including three aspects: the lack of supply of relevant legal systems,the lack of legal basis for the implementation of the physical punishment right of teachers,the lack of detailed provisions on the punishment right of existing laws and regulations,the lack of operability of the physical punishment right of teachers,the impact of social environment on the legal implementation of the physical punishment right of primary and secondary school teachers;The fourth part is the experience of effective implementation of the right of physical punishment of primary and secondary school teachers in foreign countries.Through the review of the relevant laws of the United States,Japan and South Korea,it summarizes and analyzes the mature experience of the right of physical punishment of primary and secondary school teachers in the United States,Japan and South Korea in legislation,implementation procedures and implementation methods.The fifth part is the realization strategy of the legalization of the teacher's body disciplinary right in primary and secondary schools.This part summarizes the realization strategy of the legalization of the teacher's body disciplinary right in combination with the influencing factors and foreign experience.The specific content includes three aspects:improving the relevant laws and regulations,providing sufficient and specific legal basis for the teacher's body disciplinary right,enhancing the operability;strengthening the legal education Efforts should be made to cultivate the culture of social rule of law,strengthen the recognition of teachers' right of physical punishment,further promote the work of governing education according to law,and improve teachers' quality of rule of law.