Research On Local Legislation Of Educational Punishment Power

Local legislation on the power of educational punishment is an important guarantee for improving the campus governance system and responding to campus violence and other violations of the order of teaching management.The current local legislation on the power of educational punishment has problems such as an imperfect legislative system,an imperfect operating mechanism,and violation of higher-level law regulations.To improve the local legislation of educational punishment power,it is necessary to explore the optimization path of the local legislation of educational punishment power based on the current situation of the legislative practice of educational punishment power and the analysis results of its causes.Through the analysis of the legislative practice text of educational punishment power,it is found that the central legislation has shortcomings in legislative language,concept definition,clause setting,etc,while the local legislation is in the legitimacy of legislative subjects and powers,the rationality of legislative purposes and measures,and the feasibility of legislation.There are deficiencies.Analyzing the reasons,it is found that the vague understanding of the concepts of the purpose and nature of educational punishment power and the nature of local legislation of educational punishment power is an important reason for the problem.In terms of legislative legitimacy,it is clear that local legislation on educational punishment power is executive legislation,and the scope of the legislative power of educational punishment power for provincial legislative bodies is clarified.In terms of legislative rationality,clarify the purpose of educational punishment power and the purpose of local legislation on educational punishment power to avoid problems of legislative rationality.As for the feasibility of legislation,the feasibility study is carried out from the perspectives of the subject of educational punishment,the applicable situation,and the applicable measures.The main subject of educational punishment includes schools and teachers,students being punished,and education administration departments;The applicable situations of educational punishment include acts of general violations,serious violation and violations of legal interests;the specific manifestations of educational disciplinary measures are admonition-type disciplinary methods,academic-type disciplinary methods,and disciplinary-type disciplinary methods.Through local legislation on the power of educational punishment,the operation mechanism of educational punishment will be further refined,to ensure the healthy operation of the power of educational punishment.