Middle School Teacher's Right To Discipline In Class

Human civil society needs law to maintain order in order to promote the harmonious operation of society.Education as an indispensable subsystem in the social system is no exception.It also requires a sound legal system to promote the realization of the education process,and thus promote the orderly operation of classes,schools and even society.At present,disciplinary education is a subject that has attracted much attention and controversy in educational practice.Proper and reasonable disciplinary actions of teachers are conducive to the smooth progress of education and teaching activities,are conducive to ensuring the seriousness of classroom discipline,help correct their own bad behavior and improve their sound personality,and are conducive to the socialization of students.With the continuous improvement of the education law in China,the current education laws and regulations make explicit prohibitions on "corporal punishment" and "disguised corporal punishment".However,the current education laws in China do not explicitly authorize the "teachers' right to discipline in class".For teachers' right to punish in the classroom,there is neither a clear legal basis nor a specific operability standard.In the contradiction between the default of the traditional education concept and the lack of the current law,the “teacher's right to punish the classroom” under the background of education rule of law is exercised.Face double difficulties.This article contains a total of four sections.In the first part,the question was raised,pointing out the dilemma faced by the exercise of “teachers' right to punish in the classroom” under the educational legal environment,and expounding the basic concepts of punishment,discipline education and its boundaries,namely corporal punishment and disguised corporal punishment and related terms,and then The dual nature of the right to punishment is qualitative,defining the difference between the teacher's disciplinary action in the classroom and the school's disciplinary action,and discusses the legal basis of the teacher's disciplinary right in the classroom.The second part elaborates the necessity and feasibility of standardizing teachers' disciplinary rights in the form of legislation.In the third part,according to the empirical research on M middle school in a certain southwestern province,the author analyzes and analyzes the main problems existing in the exercise of class disciplinary right in M middle school teachers and the causes of the existing problems.In the fourth part,through the above research,we try to put forward legislative proposals to standardize the disciplinary rights of teachers in our country.In order to help teachers to better exercise the right to punishment,and initially establish the basic framework of education and punishment legislation,and further promote the implementation of the school in the education management process according to the law and the rule of law.