Research On The Legislation Of Compulsory Education Stage Teacher's Disciplinary Power

"teacher,so preach and dispel doubts." Education is a kind of practical activity of "preaching,instructing and dissolving" for students,and it is purposeful,planned and organized to cultivate students' intelligence and so on.Along with the education democratization tendency unceasing enhancement,specially after the new curriculum reform,people pay more and more attention to the student individuality development,the emphasis respects the student,advocates the appreciation education.Both appreciative education and disciplinary education are educational means,but they ignore the role of disciplinary education,and there is no clear regulation of disciplinary punishment in legislation,which leads to vicious incidents caused by teachers' corporal punishment of students from time to time in educational practice.Because serious physical and psychological harm to students;at the same time,many teachers are afraid to deal with students' disciplinary acts,and the law does not make it clear that teachers have disciplinary powers,much less distinguish them from corporal punishment;Therefore,the students' nonstandard behavior can not be timely and effectively corrected.Primary and secondary school teachers are facing the physical and mental development of young people and children,the need for teachers in their growth not only the use of appreciation education,but also the use of disciplinary education,so that they understand the responsibility for the wrongthings to bear the truth.Therefore,exploring the legislative conception of teachers' disciplinary power is not only the need to promote the development of students' physical and mental health,but also the fundamental guarantee to safeguard the legitimate rights and interests of teachers.To ensure the normal development of education and teaching activities,improve the means of education,and then help teachers to clear their disciplinary authority,and in the exercise of scientific and reasonable teaching activities.This paper is divided into four parts:The first part,introduction.This part first introduces the reasons for studying the legislation of teachers' disciplinary power.In recent years,there have been many news reports about the contradiction between teachers and students.Some students have committed suicide because of school teachers' criticism of education,and some teachers have been retaliated because students are dissatisfied with their management and education.Who cares? How? Has let the teacher in the education teaching dilemma matter,makes up the teacher to punish the authority legal vacancy,no longer is studies should carry on the legislation to this,has arrived the research how to legislate the stratification plane;Secondly,it briefly discusses the significance of studying teachers' disciplinary power from three aspects: making teachers' disciplinary power legal,effectively protecting students' personality and human rights,promoting school management according to law and building a harmonious campus.Then define and distinguish the concepts of discipline,corporal punishment,educational discipline and so on.Corporal punishment refers to the punishment of students' bodies,especially the pain caused by it.It is also prohibited by most countries in the world.But punishment is different,punishment is a kind of compulsory corrective measures to students' nonstandard behavior,and it is a kind of education method which is easy to accept according to the psychological characteristics of minor students;Finally,the domestic and foreign legislation and research related literature are discussed,for the legislation of teachers' disciplinary power to establish the starting point of the study.The second part is the comparative study of the development of teacher disciplinary power system.The Anglo-American legal system is represented by theUnited Kingdom and the United States,both of which are developed case law countries with the rule of law.The system of teacher disciplinary is relatively perfect.The classic cases of all kinds of disciplinary methods are of far-reaching significance in their country,which is worthy of our study and reference.Civil law countries in the form of statutory law,in the legal provisions of teacher disciplinary power to be stipulated,its disciplinary conditions,disciplinary methods,relief channels,and so on are more detailed.Whether common law countries or civil law countries,in the issue of teacher disciplinary power,even if they now have a more perfect system of teacher disciplinary power system,but in the beginning of the formulation is not done overnight.Many countries have experienced from the prevalence of corporal punishment to the prohibition of corporal punishment,and then from the prohibition of corporal punishment to the explicit discipline.This part mainly discusses the process of the development and improvement of the system of teachers' disciplinary power in various countries.This paper makes a comparative study on the development and evolution of teachers' disciplinary power in foreign countries,and hopes to explore the track of its development,and draw lessons from it,so as to solve the problems faced in the process of introducing legislation into the exercise of teachers' disciplinary rights in our country.Offer the experience enlightenment that can draw lessons from.Through the comparative study and analysis of the development and evolution of teachers' disciplinary power in foreign countries,the author tries to find the suitable blueprint for the legislation of teachers' disciplinary power in our country,and provides reference basis for the legislation of teachers' disciplinary power in our country.At the same time,it also confirms the feasibility of the legislation of the system of teachers' disciplinary power in our country.At the same time,many scholars have already studied the disciplinary power of teachers,hoping that our country can successfully introduce the disciplinary power of teachers,many research results have laid a solid foundation for this,but also proved the feasibility of legislation of disciplinary power of teachers.The third part,the necessity and feasibility of the legislation of teachers' disciplinary power.This part briefly from the legitimacy of teacher disciplinary powerlaid the feasibility of legislation,extraterritorial legislation to provide support for our country,academic research on the theoretical support of the three aspects of the feasibility of legislation.At present,there is no specialized code on teachers' disciplinary power in our country,which is lack of explicit provisions on teachers' disciplinary power,but teachers' disciplinary power can not be denied.In the Education Law,the right of the school to reward or discipline the students is emphasized,and the right of the teachers to criticize and manage the students is clarified.Qingdao Municipal Government issued the "Qingdao City Primary and Secondary School Management measures" is directly applicable to the word "punishment",which shows that the existence of teachers' disciplinary power has its rationality and legitimacy.In addition,foreign countries or regions have already carried out legislation on teachers' disciplinary rights,and teachers' disciplinary rights have emerged in response to the development of the times.Their successful experience confirms the feasibility of legislation on teachers' disciplinary rights system in our country.The fourth part,the structure of the legislation of teachers' disciplinary power.Mainly from the teacher disciplinary power of the main legal relations,disciplinary power to exercise the basic principles,disciplinary power of punishment and the right of relief and supervision of the four aspects of conception.First,only by clearly stipulating the subject of disciplinary enforcement and strictly restricting the use of disciplinary power,can teachers' legitimate rights and interests and students' legitimate rights and interests be better protected and safeguarded in the process of power implementation;Disciplinary subjects enjoy disciplinary power and executive power.The author advocates dividing disciplinary subjects into individual teachers and disciplinary committee,and endowing teachers with different disciplinary powers and ways at the same time.For example,the scope of disciplinary methods of individual teachers is limited to the relatively minor general disciplinary methods,such as oral criticism of education,adjustment of seats,punishment stations,cancellation of participation in activities outside the curriculum,and so on;The disciplinary committee shall have the power to deduct students' conduct,transferclasses,give warnings,and keep demerits for particularly serious misconduct of students,if the students are ordinary senior middle school students outside compulsory education.Its school disciplinary committee has the power to make disciplinary actions such as detention for observation,suspension from school,expulsion from school,and so on.Second,the exercise of power must follow certain principles,the law has a lag,after the occurrence of the new situation can not be fully foreseen,at this time the principle of the provisions is particularly important.The principle of education is the first principle that should be considered in the legislation of teachers' disciplinary power,and it is also the fundamental guarantee of the significance of punishment,which means "punishing the faults and warning the future",that is,punishing the mistakes made in the present so as to guide the future and avoid the intention of repeating the punishment.Discipline as a means of education,therefore,the exercise of disciplinary power must follow the principle of education,taking into account the principles of justice,prescription and moderation.