Research On The Educational Disciplinary Power From The Perspective Of The Rule Of Law

Educational disciplinary power is an educational power enjoyed by schools and teachers in accordance with the law,and it generally exists in every stage of education.Like rewards,discipline is also an important educational tool.The functions of the two are complementary and cannot be neglected.However,in the practice of education and teaching management,the educational disciplinary power and its external manifestations of disciplinary measures are often questioned for its rationality and legitimacy due to its punitive characteristics.And also based on this feature,the improper exercise of educational disciplinary power may cause irreversible damage to the legitimate rights and interests of students.How to promote the standardized operation of educational disciplinary power,and how to promote the correct implementation of disciplinary measures by schools and teachers to ensure the realization of educational purposes has always been an important topic of common concern in the fields of education and law.Therefore,under the background of comprehensively promoting the rule of law,keeping up with the pace of modern education rule of law,continuously improving relevant legal norms and institutional systems,and promoting the legalized operation of educational disciplinary power are not only an inevitable requirement for comprehensively deepening the implementation of the rule of law in education,but it is also an important measure to promote the development and reform of education and protect the legitimate rights and interests of the educated.On the basis of summarizing the existing research results at home and abroad,this paper attempts to start with the basic concept and legal basis of educational disciplinary power,analyzes the current situation of the operation of educational disciplinary power in China,and analyzes the current situation of that in foreign countries and Taiwan,China.After drawing lessons from scientific theories and successful practical experience,it puts forward suggestions for promoting the comprehensive legalization of educational disciplinary power in China.Besides of the chapter one “Introduction”,the text is divided into five chapters to demonstrate the above topics:Chapter two,starting from the concept and characteristics of educational discipline and the analysis of its differentiation with other related concepts,and based on the legal concept of educational discipline,which clearly defined for the first time in “Primary and Middle School Educational Disciplinary Rules(Trial)”,this paper redefines the concept of educational disciplinary power,understands it in a broad sense,and believes that it includes disciplinary action in extension.At the same time,it analyzes the basic legal attributes of educational disciplinary power,and believes that educational disciplinary power have distinct power attributes.Chapter three,using the basic theory of law and the modern concept of the rule of law to analyze the legal basis of educational disciplinary power,and hoping to firstly answer the question of the legitimacy and rationality of the existence of educational disciplinary power theoretically.This chapter proposes that the educational disciplinary power has dual power sources of national educational power and social educational power,and ranging from the fundamental law of the state to departmental regulations,the educational disciplinary power also has a legal basis in Chinese current legal source system.Furthermore,from the perspective of the historical origin and development of educational disciplinary power in China,the basic attitudes of most countries and regions in the world towards the educational disciplinary power,as well as the value pursuit and function contained in the educational disciplinary power itself,the existence of the educational disciplinary power is also reasonable under the modern educational concept.At the same time,this chapter believes that the educational disciplinary power,as an educational power,also contains obvious educational nature in its connotation.The ultimate goal of the subject of power to implement educational discipline is to ensure the full realization of the right to education of students,which is consistent with the value spirit of the modern rule of law that requires the protection of civil rights.Therefore,in response to the current policy requirements of promoting comprehensive rule of law and implementing educational administration according to law in China,it is necessary to fully bring the educational disciplinary power into the orbit of rule of law,in the form of law to clarify the boundary problem of the power,promote the schools and teachers to normalize the exercise of their power of educational discipline by means of rule of law,and ensure the legitimate rights and interests of all parties under educational discipline are protected by the law.And this is also a scientific choice that should be made based on the current practice of educational discipline and the specific needs of education legalization reform and development in China.Chapter four,from an empirical point of view,analyzing relevant legal norms and practical cases,and examining the current status of the operation of educational disciplinary power in China.The good news is that the existing Chinese educational legal norms have noticed the problem in the legalization of the educational disciplinary power.The law regulates issues related to the educational disciplinary power from the perspectives of power subjects and recipients,power objects,applicable situations,disciplinary measures,and applicable procedures,so that the system and mechanism of the current operation of the educational disciplinary power in China have been basically determined.And it makes the educational disciplinary power has rules and regulations to follow in practice,and has been freed from the completely disordered state in the past,and gradually transitioned to the rule of law.However,the achievement of any goal is not achieved overnight.In recent years,while education and punishment has been continuously innovating and achieving certain achievements,while educational disciplinary practice has continued to innovate and achieved certain achievements,affected by many factors such as the shortcomings of the institutional system itself,the deviation of power subjects in practice,and the misunderstanding of social subjects,the educational disciplinary power in China still faces a series of practical problems in the process of operation and practice need to be solved urgently,for example,the temporary imperfection of relevant laws and regulations on educational discipline,the lack of strict and standard implementation of the power subject,and the imperfect supervision and relief mechanism.Chapter five,paying attention to the education disciplinary power on a global scale,and drawing lessons from the system construction and operation practices of the educational disciplinary power in other countries and regions in the world.By comparing,analyzing and summarizing the useful explorations made by the United States,the United Kingdom,Japan and Taiwan,China on the relevant theories and institutional practices of the educational disciplinary power,it is believed that the key means to promote the comprehensive legalization educational disciplinary power and effectively solve the dilemmas of educational disciplinary practice is to perfect legal norms,promote the coordination and cooperation of multiple subjects,innovate the specific way of power execution,and attach importance to the due process of power operation.Chapter six,based on own reality,on the basis of summarizing the experience and lessons of the construction of the rule of law in China and reasonably learning from the beneficial achievements of educational discipline in other countries and regions,and then putting forward specific suggestions for fully integrating the educational disciplinary power into the track of the rule of law.That is,taking the current comprehensive implementation of the rule of law in China as an opportunity,taking practical problems as the guide,taking the rule of law and the protection of rights as the logical starting point to promote the legalized operation of the educational disciplinary power.And in terms of the specific realization path,at least it is necessary to strengthen legislation,formulate and improve legal norms related to the educational disciplinary power,standardize the implementation,ensure that schools and teachers implement the educational disciplinary power in strict accordance with laws and regulations,strengthen supervision and relief,pay attention to the equal protection of the legitimate rights and interests of all subjects while supervising the standardized operation of the power,strengthen publicity and study,promote the formation of a rational understanding of the educational disciplinary power,and establish a sense of rules and legal thinking in the whole society.In other words,the legal operation of the educational disciplinary power is a systematic project,which needs to start from every link of the rule of law and through the joint efforts of many parties,to promote the construction of the rule of law in the educational field,so as to improve and perfect the power operation mechanism of the educational disciplinary power in China.