Research On The Legislation Of Educational Disciplinary Power In Compulsory Education

Educational punishment is the behavior of schools and teachers to correct aberrant students in a specific way in the process of education and teaching based on the educational purpose of establishing morality.On December 23,2020,the Ministry of Education announced the "Primary and Secondary School Educational Disciplinary Rules(Trial)"(hereinafter referred to as the "Disciplinary Rules"),marking the transition from the stage of soliciting opinions to the implementation stage of the text of the rules of the educational discipline rules for primary and secondary schools.Compared with the “Rules for the Implementation of Educational Disciplinary Rules for Primary and Secondary School Teachers(Draft for Comments)”(hereinafter referred to as the “Draft for Disciplinary Rules”)issued by the Ministry of Education,the “Disciplinary Rules” has undergone substantial adjustments and revisions,and the text has been Further refinement fills up the gap in the national legislation of educational punishment.The "Disciplinary Rules" stipulate the application of the power of educational punishment,and added the means of remedy for the rights of students and their parents.However,it is not difficult to find that many detailed issues have not been covered,such as the legal nature of the power of educational punishment and the legal system is yet to be determined.Weak methods to improve and deal with extreme students,as well as the inadequate relief and appeal mechanism of rights subjects,etc.To put forward effective suggestions on these issues in the "Rules of Punishment" is of great significance to the smooth implementation of the power of education punishment in practice.First,through the analysis of different theories,combined with the actual situation,determine the public power attribute of the educational punishment power.It is recommended to clarify the rights of education discipline in the "Education Law","Compulsory Education Law","Teacher Law" and other laws and regulations,and build a logical and clear legal system of education discipline rights to make up for the lack of the legal system.Subsequently,the power analysis method is introduced to divide the power content of education discipline power from the three dimensions of students and teachers,students and schools,teachers and schools and education departments.From the perspective of the most suitable function,the scope of the subject of punishment and the behavior of punishment are restricted and graded to prevent abuse of the right of education punishment.It is advocated to abolish the "three consents" system of specialized schools,and try to establish a sound return mechanism for ordinary schools to lower the entry threshold for extremely anomie students,so as to give full play to the corrective function of specialized schools.With regard to the responsibility for the exercise of the right to education punishment,we actively explore a special compensation system that suits my country’s national conditions by learning from foreign experience.In addition,considering that students in the compulsory education stage have generally low understanding and acceptance of disciplinary behaviors,it is necessary to strictly regulate the disciplinary behaviors in this education stage.Based on the "Rules of Punishment" combined with the existing academic research results,the scope of discretion of the disciplinary subject,the relief procedure of the subject of rights and the rights restoration system are discussed,in order to ensure the standardized and continuous operation of the power of education disciplinary in practice.