Research On The Legal Problems Of Teacher's Corporal Punishment

In China, although the behaviors of teacher's corporal punishment in a number of laws are prohibited by illegal acts, but in real life, the teacher's corporal punishment events are endure. The corporal punishment of teachers is closely related to social factors, cultural factors,economic factors, legal factors, teacher's psychological health factors,teachers' personal quality factors and other factors. And the provisions of the legislation on teachers' corporal punishment in China are mostly stipulated in principle and do not give teachers a clear legal meaning of corporal punishment. It makes the poor operability of the legal provisions,but also the main factors that cause the corporal punishment. In addition,most of the research on teacher's corporal punishment in the academic field is from the perspective of psychology, sociology, economics and so on.The teacher's corporal punishment is not conducive to the maintenance of social stability and hinders education institutions to implement the process of administering the school, undermine the image of teachers. Worthy of attention is the greatest harm is harm to teacher's corporal punishment for physical and mental health of students. In recent years, teacher's corporal punishment events have occurred frequently, and even the trend of growth, this issue aroused great concern of the whole society. With the introduction of relevant laws and regulations, more and more people from all walks of life have called for the prohibition of corporal punishment, but it is not clear how to distinguish corporal punishment, punishment and discipline. This will cause two negative phenomenons, on the one hand the individual teachers will make use of legal loopholes to corporal punishment; on the other hand will cause some teachers to students wrong let things drift.In view of the above-mentioned problems, this paper on the basis of previous studies, combined with the main achievements and research status at home and abroad, using normative analysis, case analysis,comparative analysis and questionnaire to study the legal problems of teacher's corporal punishment.The research mainly includes five parts:The first part is the introduction, which mainly introduces the background and significance of the topic, the research status at home and abroad, and explains the research methods, research ideas and innovation.This paper studies the present situation of corporal punishment from the angle of law, and tries to provide more effective protection to protect the legitimate rights and interests of students.The second part is mainly to define the concept of teacher's corporal punishment, to discuss the characteristics of teacher's corporal punishment, and to analyze the legal nature of teacher's corporal punishment. The teacher's corporal punishment behavior is contrary to the legal spirit of China's constitution, criminal law, civil law and so on.The third part: through the questionnaire survey of teachers, parents and students to analyze the present situation of teacher's corporal punishment.The fourth part: the author expounds the subjective and objective elements and the imputation principles of teacher's corporal punishment,and makes clear the legal responsibility of teacher's corporal punishment.The fifth part: the research on the path of law and strategy for prevention and treatment of teacher's corporal punishment. Through the improvement of the legal system of educational legislation, the legislative process of education, the supervision mechanism of educational law and the legal relief system, to elaborate the specific path of prevention teacher's corporal punishment.