An Analysis Of The Boundary Of Educational Punishment Based On The Protection Of Students’ Rights

With the promulgation of educational disciplinary policies,people pay more and more attention to educational disciplinary policies.The promulgation of the "Rules for Punishment of Primary and Secondary Education(Trial)" recognizes the power of education punishment,and gives the ruler of education punishment to teachers.However,in the practice of education,some schools and teachers fail to clarify the boundary of education punishment and grasp the degree of education punishment,and the transgressing of the power of education punishment of schools and teachers will damage the legitimate rights of students.School teachers are faced with the dilemma that they do not know how to control the violations of discipline and regulations of the educated.In the practice of education,the contradiction of education punishment is becoming more and more prominent.Parents tend to be impulsive when facing the punishment of teachers,and produce extreme words and behaviors,and even produce violent illegal behaviors such as "school trouble".This paper uses literature analysis method,case study method,interview method and other research methods to demonstrate and develop.In the case study method,the grounded theory is adopted,and Nvivo12 is used to encode the textual data.From the "subject of education punishment","students’ violation of discipline","education punishment method","education punishment scale","education punishment procedure","responsibility identification" and other six aspects of the infringement of education punishment in primary and secondary schools are analyzed.Through the attribution analysis of the transgressive torts of education punishment in primary and secondary schools,it is found that the transgressive behaviors of education punishment are caused by the inadequate legislative regulation and the insufficient guarantee of the proper implementation of education punishment.Based on the above analysis,from the Angle of protecting students’ legal rights,this paper puts forward the countermeasures to clarify the boundary of educational punishment: first,perfect the legislation of educational punishment and clarify the legal boundary of educational punishment;Second,the school should perfect the disciplinary system and clarify the system boundary of educational disciplinary system.Third,teachers make clear the boundary of the implementation of educational punishment.