Research On The Power Of Educational Punishment In Primary And Secondary Schools

The power of educational punishment refers to the education,criticism and correction of students’ disciplinary or non-standard behaviors.Nowadays,the power of educational punishment has become a hot topic in the field of education.Some foreign countries have begun to pay attention to solve related problems by making laws,but the domestic regulations on the power of educational punishment in laws and regulations are still blank.The existing problems of the educational punishment right in primary and secondary schools in China can be summarized as follows: the existing legal norms have not made a clear definition of the concept of punishment and corporal punishment,the scale and scope of the exercise of educational punishment right is not clear,and the exercise procedure of punishment right is relatively simple.The reasons for the above problems can be summarized as follows: failure to make clear the right of educational punishment of schools and teachers in the legislation;lack of procedural rules for the exercise of the right of educational punishment;failure to stipulate the scope and detailed means of punishment;lack of clear supervision and after-action correction mechanism for the exercise of the right of educational punishment.Standardizing the exercise of the power of educational punishment is not an expedient measure to solve temporary problems,but to better solve the problems in the process of teaching and educating in the future primary and secondary school education.In order to make school education conform to the educational concept and the requirement of the rule of law,and balance the relationship between punishment and appreciation,the power of educational punishment in primary and secondary schools should be clearly defined in the legislation.To formulate corresponding procedural rules for the exercise of the power of punishment;The scope of exercising the power of educational punishment and how to make a one-to-one correspondence between punishment and behaviors that should be punished is supposed to be clearly and carefully stipulated in law.In order to exercise the power of punishment,the supervision mechanism and the correction mechanism of rights protection afterwards should be established.