| With the continuous development of society,people's awareness of rights is constantly increasing.People are eager to exercise their rights freely.However,any form of rights must be restricted to a certain extent,one of the restrictions from power.Right is not "absolute freedom".In this kind of restraint and constrained relationship,conflicts are bound to occur.There is such a relationship between the teacher's disciplinary power and the student's rights.Aiming at the conflict and balancing strategy of the relationship between the two,it has triggered a wave of research and discussion by scholars at home and abroad.After the concept of "Ruling the Country by law" was put forward in the report of the 15 th National Congress of the Communist Party of China,he rule of law has become the basic strategy of the Communist Party of China leading the people of all ethnic groups in governing the country.“Governing Education by Law” has become an inevitable trend.So far,the governance of primary and secondary schools has also entered the track of the rule of law.However,under such a law-ruled campus,how should we standardize and improve the institution of discipline of primary and secondary schools so that teachers can exercise their right of punishment in a lawful,reasonable and appropriate manner,so as to successfully complete the educational task.In educational practice,how can teachers in primary and middle schools implement disciplinary powers while taking into account the legal rights of students from being violated? And how to balance the conflict between teachers' disciplinary powers and students' rights?This article is a special research on the conflict balancing strategy between the teacher's disciplinary power and the student's rights.The purpose of this article is to grasp the strategy of balance between the teacher's disciplinary power and the student's rights as the main idea,from explaining the connotation and legal nature of the teacher's right to discipline,its legal and ethical basis of existing,and the specific aspects of the conflict between the teacher's power to discipline and the rights of students.The first part of this thesis is introduction.In this part,the reason for the topic selection,research significance,current research status at home and abroad,and writing ideas and characteristics of this article will be displayed.The second part is an overview of the right of discipline of primary and middle school teachers,focusing on the form,legal nature and legitimacy of the teacher's power to discipline.The third part first analyzes the conflict between the teacher's power of discipline and the student's rights from the perspective of legal setting,and then combines the actual cases to dissect the conflict during exercise of the disciplinary power of teachers mainly from the right life and health,the right to human dignity of,the right of privacy and the right to education of students to carry out research.The fourth part mainly focus on analyzing the reason why there are conflicts between the disciplinary power of teachers and the right of students from three aspects of legislation,school and society.The fifth part is the balance strategy proposed in response to the conflicts in the third part.It mainly considers which balance strategy should be adopted from the four levels of country,school,teacher and social media.Firstly,the state should refine the rules for the exercise of teacher's disciplinary powers so that the disciplinary powers "have laws to follow";secondly,schools should establish a home-school cooperation mechanism to strengthen communication with parents;Thirdly,teachers as the main body of disciplinary powers,should grasp three principles of punishment——implementing different disciplinary ways for different students and disciplining students from the aim of education.Finally,at the social level,the management and control of mainstream media should be strengthened to create a healthy and good public opinion environment... |
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