The Study On Teachers' Power Of Disciplinary Punishment In Secondary And Primary Schools

Teacher's discipline right is a power of mandatory management of students that is obtained on the basis of his/her professional identity, and a right to implement penalties on students' normlessnenss conduct, so as to prevent the recurrence of normlessness conduct and promote emergence and consolidation of fine behavior in the education process of teaching. It disciplines as an education method that used by teachers in the process of fulfilling their educational duties to give normlessness conduct negative sanctions in accordance with the law, so as to prevent its recurrence, and promote the emergence and consolidation of fine behavior. Discipline is a combination of "penalty" and "correction", which is an unit of means and purpose; while punishment is composed of "penalty" and "fine", both of which are means and form a side-by-side relation. Punishment can also be recognized as corporal punishment, which is expressly prohibited in our country. But discipline and corporal punishment are essentially different.Whereas at present in the educational reality, various circles of society have a wrong recognition to the discipline right of secondary and primary school teachers. On one hand the traditional educational concepts make a lot of social members have all sorts of misunderstanding of it, equating the teacher's discipline behavior with punishment or corporal punishment; On the other hand do one's utmost to praise highly education for " appreciates, encourages " and abandon discipline in present education teaching, and make people put forward the objection to the existence of teacher's discipline right. So it is heated debated around the various circles of society that whether teachers in secondary and primary schools ought to have discipline right and how to exercise discipline right, which influences the normal operation of the secondary and primary schools' educational activities seriously.However, when teachers' discipline right is generally applied to educational practice, it is originally that the discipline right with the purpose of educating is abused in a large amount. Discipline behavior random, heavy, surmount legal authority, and violation of legal process all lead to the remain incessant of serious punishment behavior such as corporal punishment, corporal punishment in disguised form after repeated prohibition, with the consequence of student's legitimate rights and interests be invadedSo, this paper, through the definition of discipline as a warning, corporal punishment and relavant concepts, as well as elucidation on the fuction of discipline, has proved the existant necessity of teacher's discipline right in the secondary and primary schools. Meanwhile, through investigations and researches, it analyzes the existant main problems and cause of the exercises of secondary and primary school teachers' discipline right at present, and on the basis of educational laws and regulations, putting forward corresponding countermeasures and suggestions to the rationally exercise of discipline right of secondary and primary school teachers.