Research On The Exercise Of Punishment In High School Education From The Perspective Of The Rule Of Law

Educational punishment refers to the management,instruction or correction of students who violate rules and discipline in accordance with educational purposes by schools and teachers.It could be seen that educational punishment is fundamentally different from corporal punishment or disguised corporal punishment.In recent years,due to the increasing awareness of the rule of law among the general public and the rapid dissemination,wide coverage,and significant impact of news media,some teachers have been repeatedly scolded and beaten by parents,dismissed,and subjected to online violence due to their misconduct in punishing students.This has sparked strong public opinion and deeply deterred many frontline teachers.Education and punishment have become a hot topic and focus of widespread attention in society,The disciplinary practice of teacher education has gradually shifted from "abuse" and "misuse" to "abandonment",seriously affecting teacher education,school management,and the comprehensive physical and mental development of students.In order to respond to social concerns and regulate teachers’ educational punishment,the Ministry of Education issued the first legal text of educational punishment,the Interim Regulations on Education Punishment in Primary and Secondary Schools,in December 2020,which specified the concept,purpose,scope and types of punishment and recognized the legitimacy of educational punishment from a legal perspective,providing basic compliance for schools and teachers to exercise punishment correctly and scientifically.This article mainly studies the practice of educational punishment in high school from five parts.The first part summarizes the research basis and significance,the current research status at home and abroad,and the research content and methods through literature review and analysis.At present,the three aspects of the study of educational punishment,including the connotation,legality and the implementation,have made good progress.However,compared with foreign countries,the study of Chinese educational punishment has started late and the legal system of educational punishment has not yet been formed.The second part distinguishes the connotations of educational punishment from corporal punishment or disguised corporal punishment.It points out that high school educational punishment has educational attributes,legal attributes and management attributes,and the implementation of educational punishment should follow the principles of education,rationality and legality.And through the analysis of our existing education-related law texts and school rules and regulations,it constructs the legal basis of high school education disciplinary.The third part presents the current situation of high school educational punishment from the connotation of educational punishment,the construction of educational punishment system,the implementation of educational punishment and the effect of educational punishment through questionnaire and interview.The results show that there is a general consensus among teachers and students on the current situation of educational punishment practice,but there are also obvious differences.Managers call for the improvement and popularization of punishment system,and parents call for reasonable educational punishment.The fourth part analyzes the survey data of the current situation of high school educational punishment and points out the problems of high school educational punishment,mainly including the unclear understanding of the connotation of educational punishment by teachers,the lack of comprehensive and in-depth learning of relevant laws and regulations,the imperfection of punishment system,the lack of standardization of teachers’ behavior in the process of punishment,and the poor effect of punishment.The causes of these problems are that the public lacks understanding of educational punishment,the operability of the Interim Regulations on Education Punishment in Primary and Secondary Schools is not strong,the punishment system is not perfect,teachers do not grasp the details of educational punishment and teachers pay more attention to punishment than follow-up management.The fifth part puts forward strategies for the practice of educational punishment in high schools under the rule of law from strengthening the awareness of educational punishment,actively constructing and perfecting educational punishment system,strengthening the guidance of educational punishment implementation,paying attention to the effect of educational punishment,reducing the occurrence of disciplinary errors,prohibiting corporal punishment and disguised corporal punishment,and gradually eliminating teachers’ worries about educational punishment.