Research On Criminal Law Boundary Of Teacher Disciplinary Action

Teacher disciplinary action is especially indispensable for primary and middle school students.Inappropriate teachers’ disciplinary behaviors bringdamage consequences and teachers may bear civil,administrative or criminal responsibilities.It is necessary to analyze the criminal law boundary of teachers’ disciplinary action.The legitimacy of teacher disciplinary action is based on the main doctrines of legal interest measurement,purpose theory,and social equivalence theory.The social equivalence theory is more inclusive than the legal benefit measurement theory and purpose,and can be regarded as the justification of teacher disciplinary behavior.The theoretical basis.The righteousness of teacher disciplinary action as a teacher’s disciplinary action is more in line with the legitimate requirements of teacher disciplinary behavior.For the lack of justification of teacher disciplinary behavior,not all are subject to criminal law,according to the principle of criminal law and modesty,only serious disciplinary behavior of teachers can be included in the scope of criminal law.This article removes the introduction and conclusion,which consists of four parts.The first part: Firstly,it introduces the current situation of disciplinary behavior in China and the basic theory of teacher disciplinary behavior.Secondly,it defines the definition and legal status of teachers and the definition and type division of teachers’ disciplinary behaviors.Finally,it introduces the existing disputes of teachers’ disciplinary power and the significance of teacher punishment.The theoretical basis for the analysis is provided later by introducing the above relevant content.The second part: put forward the criminal law boundary problem of the disciplinary behavior of the teacher.By examining the international opinion on teacher punishment,the author introduces and analyzes the theories and viewpoints of teachers’ right to exercise disciplinary power,and proposes that the criminal law should pay attention to modesty and cannot discriminate against inappropriate teachers.All acts are punishable.The third part: Analyze and justify the justification of teachers’ disciplinary behavior.Organize and summarize existing opinions and evaluate them,and draw conclusions about legal acts,victim commitments,legitimate business conduct,and legitimate defenses that are not justified by teachers’ disciplinary actions.Subsequently,it also discusses the justification basis of teachers’ disciplinary behaviors,and concludes that social equivalents can explain the legitimacy of teachers’ disciplinary behaviors.Teacher disciplinary power provides the most powerful and rational explanation for teacher disciplinary punishment.The fourth part: mainly discusses the criminal law system of disciplinary behavior of improper teachers.First of all,it is pointed out that the general illegal teacher disciplinary behavior does not constitute a crime,and the legal consequences of improper teacher discipline are discussed from the civil,administrative and criminal levels.And it is proposed that three teacher disciplinary actions do not constitute a crime.Secondly,it points out that crimes that may be constituted by serious disciplinary actions by teachers are mainly related to crimes of intentional assault,serious crimes caused by negligence,insults,and illegal detention.Finally,when analyzing the disciplinary punishment of improper teachers’ disciplinary behavior,it should be adhered to the principle that the disciplinary behavior of improper teachers should be wide-ranging,and other violations of student behavior should be strict.