教师的惩戒权与体罚学生的法律责任

Teachers' Right to Discipline Students and the Legal Responsibility of Physical Punishment

教师应该拥有惩戒权,这是法律法规赋予教师对学生的一种管理权,也是教师职业特点所决定的;但同时,教师又不能体罚或变相体罚学生,否则将违反我国有关法律的禁止性规定。要破解惩戒与体罚这一两难问题,教师在惩戒学生时必须遵循合法性原则、爱心原则、教育性原则、适度性原则、个别差异性原则。

Teachers have the punishment right, the students＇governing right endowed by the law, which is decided by the professional feature of teachers. Meanwhile, teachers can＇t punish students corporeally. It breaks the related laws in China, and does harm to students physically and mentally. To solve the problem of punishment and corporeal punishment, teachers should follow the principals in their punishment： legality, love, education, moderation, individuality.