Research On Teacher’s Right Of Education And Punishment

Education disciplinary punishment is based on the educational purpose and need in the teaching process and management,which can stop,control or correct the students who violate the rules and regulations,and make the students take it as a warning,understanding and correcting the wrong job behavior.The phenomenon of campus bullying,teachers’ improper punishment of students and teachers’ difficulty in disciplining students is becoming more and more serious.It is urgent to perfect the relevant legislation of teachers’ disciplinary power in education in China.In order to standardize the duties and behaviors of teachers and students and guide students to learn positively,achieving educational goals.The power of education and punishment originates from the citizen’s right of education,and the teachers form a special power relationship with the students to carry out the disciplinary activities based on the general authorization of law.The legal attribute of educational disciplinary power is disputed between administrative attribute and civil right,power and obligation attribute,and the theoretical theory of educational disciplinary power is also the result of deep research on this power by scholars.The development of educational disciplinary power in China is still at the initial stage,problems such as lack of clear legal basis of superior position,over-generality of legal provisions,lack of relief measures and excessive discretion of the implementing subject of teachers as disciplinary measures are prominent contradictions in the practice of the use of power,in order to protect students’ rights,correct students’ misconduct and solve the disputes between teachers and students,it is necessary to perfect the legislation and practice of teachers’ disciplinary power.We must strictly distinguish between disciplinary punishment and corporal punishment,discipline and other acts,improve the Legislative Provisions on teachers’ disciplinary power in education,and clarify the principles of educational,legal and due process in the system of educational disciplinary power,to establish relief ways for the improper use of teachers’ disciplinary power in education,and to strictly regulate teachers’ discretion in exercising their disciplinary power in education,all-round help teachers scientific control of student behavior,relief of student misconduct,to achieve the resolution of disputes between teachers and students,so as to achieve national education goals.