| People in our country advocate the dignity way of the teacher since ancient time when there is the rank “heaven,earth,man of honor,relative and the teacher”.It is visible that how noble the status of the ancient teachers and students believe in the teacher who give their faith to them.But now,In the primary and secondary education of our country,for those love learner students,teachers can take their knowledge to build up their authority.However,for some other students in the school,the teachers’ appreciation only to make them become more bold and reckless.However,criticism of the teacher for these students also take no effect so that schools and teachers even have no efficient way for them.As a result,it often happens that some students do something that disobey the order of the school.This bad phenomenon seriously damages other students’ right to education.Besides,it is irresponsible for the students themselves,the parents,school or even the society.This bad behavior is caused by the disciplinary misconducting of the teacher.So I think the appreciation education and discipline education in the education process should be just perfect and concomitant with each other like Yin and Yang,black and white.So,reasonable education discipline for students can not only help students establish a good style of study but also play an invaluable role in the establishment of a good education environment.In addition,the improvement of teacher education in the disciplinary norms and procedures can avoid the infringement risk by the improper education punishment.This paper is divided into five chapters:In the introduction,the author give interpretation from the aspects of significance of the research,literature review,research methods,innovations and shortcomings.At the same time,it also introduced the basic issues of elementary school education disciplinary research.The first chapter is an overview of educational punishment.This chapter first defines the concept of educational punishment.This paper argues that the disciplinary punishment of the school and teachers,including education and punishment of students;the Education Department of the school.Secondly,the author focuses on “corporal punishment”and“punishment”The second chapter is China’s education status of the primary and secondary education in our country.This chapter explains the two aspects of the current situation and the loss of educational punishment in China.The author investigates the present situation of educational punishment inChina through field interviews,telephone interviews,questionnaires and other research methods Then,the author analyzes our country education punishment and abuse of loss the phenomenon and the reasons from the perspective of administrative law: The imperfection of the legal system of educational punishment;the lack of procedure and the influence of Chinese traditional culture.it also due to China’s weak awareness of civil rights and strong sense of power.The solution is to establish and improve the legal system of educational punishmentThe third chapter is the analysis of legal relations of education punishment.In this chapter,the author focuses on the two aspects of the subject and relationship of the education punishment.In reference to foreign education punishment theory,the author draws its own conclusions:education punishment legal relationship is essentially the administrative legal relation.The fourth chapter is the legislative suggestions of education punishment in the primary and secondary education.This chapter is divided into three parts: the entity to perfect the system of education punishment,procedure system perfect and appropriate punishment.The author suggests that in the relevant education laws,we should increase the provision of educational disciplinary entities and procedures and Establish and improve the legal system of educational punishment in china.So it can protect the students’ right to education and other rights in constitution and avoid the risk of teachers’ disciplinary punishment. |
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