Research On The Legalization Of Educational Discipline Power

Educational punishment power refers to the educational management right exercised by educational subjects for students who violate the rules and disciplines based on the educational purpose and according to national laws and regulations.Its purpose is to standardize students’ behavior,improve students’ awareness of law-abiding,rule awareness and ability to resist pressure,so as to improve students’ quality as much as possible,prevent young age of crime,protect students’ interests,and finally realize the purpose of education.To establish a complete system of educational punishment and carry out educational punishment according to law is an important link to bring educational behavior into the track of rule of law and realize the goal of education administration according to law.Clarifying the nature of the power of educational punishment is the basis of solving the dilemma of exercising the power of educational punishment in reality and the premise of establishing the system of educational punishment.First of all,the power of educational punishment comes from the state,which is the extension of the state’s educational right in the field of school education.The main body of educational punishment power is the school and the teacher;The legal status between the educational subject and the students is not equal,and the educational subject has authority.In order to ensure the educational effect,the implementation of educational punishment measures is mandatory.The author thinks that the power of educational punishment is a kind of public power by comparing the public and private attributes of power,combining the source of the power of educational punishment and the characteristics of compulsory,public and public welfare.The power of educational punishment belongs to the research scope of administrative law.The relationship between the subject of educational punishment power and students is administrative legal relationship or quasi-administrative legal relationship.In order to standardize the exercise of educational punishment power,It is necessary to clarify the public power attribute and professional right attribute of the power of educational punishment,so as to provide legal basis for the research and operation of the power of educational punishment.The basic principles of the power of educational punishment,such as the principle of proportion,the principle of due process,the principle of fairness and the principle of respecting personality,as well as the purpose of the power of educational punishment should be established to form correct guidance for the practice of the power of educational punishment.After solving the legal attributes and guiding principles of the power of educational punishment,it is still necessary to formulate relevant legal norms,clarify the subject,content,limit and procedure of the power of educational punishment and improve the supervision and relief approach of the power of educational punishment.Finally,the scope of accepting cases in the existing legal norms on the way of appeal is improved,and the serious disciplinary measures that have an important impact on students’basic right to education are included in the scope of accepting cases in administrative litigation.The implementation of educational punishment power should be brought into the track of the rule of law in modern society,and the implementation mode of educational punishment power should be improved.