Research On The Educational Punishment Power Of Primary And Secondary School Teachers From The Perspective Of Rule Of Law

At present,our country is facing a dilemma on the issue of teacher education punishment.Since the law on compulsory education was promulgated and implemented in 1986,various educational laws and regulations,such as the law on the protection of minors and the law on teachers,have stipulated that corporal punishment and corporal punishment in disguised form are prohibited.But for the legal concept of "corporal punishment,disguised corporal punishment",there has been no legal document to explain.This,to a large extent,brings confusion to teachers’ behavior of educational punishment.On the one hand,unclear legal concept inevitably leads to unclear boundaries between corporal punishment,disguised corporal punishment and educational punishment.As a result,in the process of punishment,teachers can only rely on their own subjective judgment,which will easily lead to improper punishment of teachers and turn into "corporal punishment,disguised corporal punishment",thus bringing physical and mental harm to students.On the other hand,since students and teachers are naturally in a weak position in the status relationship,public opinion is more likely to take the side of the "weak".Even if there is a proper punishment,the power of teachers cannot be guaranteed due to the lack of the legal system of teacher education punishment.Whether education administrative department or the schools,parents,social public opinion can form a clear and unified value judgment,also can cause for some reasonable proper education disciplinary actions,all parties to distort it into "corporal punishment,corporal punishment in disguised forms," induction teachers dare not as,as,eventually damage in addition to the enthusiasm of teachers group and the sense of responsibility,for the growth of the students,the progress of the society is bad.The dilemma of teacher’s educational punishment in educational practice calls on the country to perfect the legal system of teacher’s educational punishment through legislation,so as to fundamentally change the disordered situation of teacher’s educational punishment.To truly maintain the dynamic balance between teachers’ right of punishment and students’ rights and interests,to ensure the smooth development of education and teaching activities,and to promote the healthy and comprehensive growth of students.Based on the practical dilemma,this paper first distinguishes the concept of educational punishment power,and clarifies its connotation and extension.Educational punishment is different from corporal punishment or disguised corporal punishment in both the purpose of behavior and the degree of injury caused.Afterwards,the author discriminates the legal attribute of right and power and makes it clear that the legal attribute of teacher’s educational punishment power is power.In addition,the author makes a multidimensional analysis on the rationality and legitimacy of teachers’ educational punishment power,and puts forward that China should promote the rule of law in the exercise of teachers’ educational punishment power in primary and secondary schools.Except for the above and the conclusion,this paper mainly contains four parts:The first chapter explains the background and practical significance of the topic and the literature review at home and abroad.At the same time,the author’s point of view on the current research is given,and the research ideas and innovation of this paper are expounded.The second chapter tries to find out the differences between the concepts of educational punishment and corporal punishment and disguised corporal punishment by sorting out the relevant concepts of educational punishment power.This paper tries to define the power of educational punishment,and divides it into two types according to different subjects: "teacher’s power of educational punishment" and "school’s power of educational punishment".Then,according to the age characteristics of the relative person of education punishment,the power of teacher education punishment is divided into three categories: preschool teacher education punishment power,primary and secondary school teacher education punishment power,and college teacher education punishment power.This paper focuses on the discussion of the power of educational punishment for primary and secondary school teachers.The third chapter describes the current situation of educational punishment of teachers in primary and secondary schools through cases.And from the law and non-law two aspects to analyze the reason of teacher education punishment misconduct in our country.Chapter four highlights the problems existing in the legal system.The author also concludes that it is necessary to exercise the power of punishment by law.The fifth chapter studies the relevant contents of teacher education punishment in developed countries with mature legislative or judicial practices in order to provide reference for improving the legislation of teacher education punishment in China.The sixth chapter,on the basis of referring to the excellent legislative examples outside the region and combining with the actual situation in China,puts forward the path to improve the exercise of the power of punishment by law in primary and secondary school teachers’ education in China from the following aspects: clear legal concept,basic principles that should be followed,detailed provisions to improve the operability of the law,and ways to remedy students’ rights.The conclusion part mainly puts forward the author’s point of view: the legislation of teacher education punishment is not only to maintain the authority of teachers in the process of education and teaching,but also to maintain the normal order of education and teaching,to protect the legitimate rights and interests of students and to protect the rights and interests of teachers.It is an inevitable trend to regulate the behavior of teacher education punishment by special legislation,and it is also the fundamental way to root out the disordered situation of teacher education punishment in primary and secondary schools in our country.