Research On The Practical Dilemma And Outlet Of Teachers' Disciplinary Power

Nowadays,the concept of appreciation education gradually replaces the status of traditional punishment education in education and teaching activities.But at the same time,the disadvantages of appreciation education are gradually emerging,and people can't help but start to reflect on the meaning of punishment education.As teachers,teachers can legally and reasonably use disciplinary measures to train and educate students is a requirement of the state and society.Therefore,teachers must first have a certain punishment right.However,in fact,although the teacher's right of punishment exists in practice,it is still a theoretical concept.The law does not explicitly give teachers the right to punish,which results in the practice of teachers' right to punishment is not optimistic.Teachers' right of punishment in our country is currently in a strange circle: On the one hand,teachers' right to punish is lack of clear regulations at the legal system level,which includes the main content,standards,methods and other basic contents of teachers' right to punish.At the same time,it is easy to confuse it with corporal punishment and disguised corporal punishment forbidden by the law;on the other hand,there are misunderstandings of teachers' right of punishment by various groups in the society,and because the supervision mechanism for education infringement is extremely imperfect,it has aggravated the social members ' The exclusion of teachers' right to punish.In addition,the lack of restricted teacher punishment rights gives teachers too much discretion.Teachers 'professionalism has become the main factor for the reasonable exercise of punishment rights.Excessive reliance on teacher's subjective experience and serious lack of objective basis have also become teachers' punishment rights.Practice difficulties.The above two aspects work together and influence each other to form a vicious circle,resulting in the unfavorable situation that teachers' right to punish is abandoned,abused and transferred.The root cause is that the teacher's right to punish is exposed to the defects of the legal system.Therefore,the standardization of teachers' punishment right should first solve the problem of ambiguous legal provisions.As for how to construct a teacher punishment system,we should look at the effectiveness level of "law" in governing education according to law.The first should be the constitution,which stipulates that citizens' right to education creates possible conditions for the legislation of teachers' disciplinary rights;secondly,the Basic Education Law,which stipulates the rights and obligations of teachers as the direct legal source of teachers' disciplinary rights.Therefore,The inclusion of "teachers' right to punish" should start with the Basic Law on Education,then be refined by educational administrative regulations,and finally be implemented by local and schools.From macro to micro,a complete top-downteacher punishment system is formed.A sound teacher punishment system not only provides a direct basis for the legality of the teacher's punishment right,but also can guide teachers,parents,and the public to correctly understand the teacher's punishment right,and rationally treat a variety of educational ideas and methods.The legal system and social concepts provide comprehensive guarantees for the administration of education according to law.