Research On Implementation Of Disciplinary Power In Primary And Secondary Education

The disciplinary power of education is an important auxiliary means for schools and teachers to manage and educate students.The implementation of the educational disciplinary power is of great practical significance to education and teaching activities.It can not only guide students to correct behavior,prevent the occurrence of campus bullying and juvenile delinquency,but also maintain normal teaching order and protect students’ right to education.In the practice of elementary and middle school education,teachers’ improper implementation of the educational disciplinary power has aroused wide attention.In March 2021,the Ministry of Education began to implement the disciplinary Rules for Primary and Secondary School Education(Trial Implementation),which for the first time stipulated the subject,object and method of the disciplinary power in the form of regulations,aiming at bringing the power of educational disciplinary power into the legal orbit and fulfilling the fundamental task of cultivating morality and educating people.However,due to the short implementation time,many detailed rules have not been perfected in practice.The boundary of educational disciplinary power is unclear,the social atmosphere is lacking and the relief system is fuzzy,which makes it difficult to implement educational punishment in practice.Teachers are still caught in the dual dilemma of abusing discipline and idle discipline.Based on the above problems,this paper takes the implementation of the power of education discipline as the research object,adopts the case analysis method,literature research method and interview method to explore the causes of the implementation of the power of education discipline in primary and secondary schools,and puts forward corresponding suggestions according to the causes of the problems,in order to promote the legalization of the implementation of the power of education discipline in primary and secondary schools.This paper is mainly divided into four parts to analyze and discuss the implementation of the power of education discipline,specifically as follows:The first part,through the case search,summarizes the implementation of education discipline power problems.First of all,it searches the cases involving the "education discipline" and summarizes and analyzes the problems reflected in the court’s judgment views and practices based on judicial data and typical cases.It is found that the concept of educational disciplinary power is not clear,the boundary between educational discipline and corporal punishment is not clear,teachers fall into the dilemma of abusing discipline and idle use of discipline,and students and parents are difficult to sue the school and teachers.The second part explores the theory of disciplinary power in primary and secondary education.Starting from the meaning of discipline,this paper clarifies the basic concept of the power of educational discipline,and clarifies the vague boundary of educational discipline,educational discipline,corporal punishment and disguised corporal punishment in educational activities.Combining with the current educational practice,this paper holds that defining the power of educational discipline as power is more conducive to solving the problem of implementing the power of educational discipline.The third part analyzes the difficulties and reasons for the implementation the implementation of discipline power in primary and secondary education.In educational practice,teachers are generally caught in the dual dilemma of abusing discipline or idle discipline.On the one hand,teachers abuse discipline,illegal transfer of discipline authority,oversteps their authority to implement discipline;On the other hand,there are also teachers who are afraid of being labeled as "corporal punishment" and bear the responsibility,and idle use of discipline causes students to deviate from the right track and even to the abyss of crime.Firstly,the concept of educational discipline is not clearly defined,which makes it difficult for teachers to grasp the boundary between discipline and corporal punishment when implementing educational discipline and abuse discipline to violate students’ rights.Second,the lack of social atmosphere of power of educational discipline,the single appreciation of education concept,the improper rendering of network media and parents’ excessive indulgence of children,resulting in teachers idle discipline management students.Third,the provision of the relief system after the event is too general.Although the Punishment Rules for Primary and Secondary Education(Trial)clearly define the remedy of the power to educational discipline,it is difficult to ensure the fairness of disputes,the relief procedure for administrative review is too vague,and the legal status of primary and secondary schools is unclear,which makes the relief system often becomes a mere formality and cannot be truly realized.The fourth part puts forward the optimization suggestion of the implementation of educational discipline in elementary and middle school education.In view of the causes of the difficulties in the implementation of the disciplinary power of education,the following suggestions are put forward: Firstly,the application boundary of the power of educational discipline is determined.The principle of proportion is introduced to define the boundary between educational discipline and corporal punishment.With "behavior" as the standard,supplemented by the purpose and procedure of discipline to distinguish discipline and corporal punishment;Learning from the experience of Japan,the case bank of educational discipline should be established to guide the implementation of the power of educational discipline.Secondly,we should guide the formation of a relaxed and inclusive social atmosphere.Promote the establishment of education concept of equal emphasis on reward and discipline;Standardize the network media’s report of educational disciplinary events;We should give full play to the indispensable role of parents and other social organizations in the development of students.Finally,perfect the relief mechanism of educational disciplinary power.Establish a judicial committee independent of the school to ensure the fair and just settlement of school disputes;Improve the review mechanism of the government,and give further rights to the complainants dissatisfied with the results of the school;Improve the judicial relief system,clarify the subject of education dispute cases appealed and the scope of review.