异化与回归:教师惩戒行为的正当性考辩

Deviation and Return:a Study of the Legitimacy of Teachers' Disciplinary Action

教师惩戒行为的正当性缘于国家意志的必要强制、教师职业的应然要求以及监护权的部分转移。随着权利意识的觉醒和教育商品化的推动,教师惩戒行为的正当性逐渐偏离、异化,主要表现为学生权利的泛化、师生关系的契约化以及监护权的抗制。通过学生权利的保护与克制、教师职业的实然选择以及监护权的适当参与,从而实现教师惩戒行为正当性回归其本来价值。

The legitimacy of teachers’ disciplinary action stems from the right to education and guardianship partly as a teacher. Due to the unclear teachers’ disciplinary authority and the commercialization of education, The legitimacy of teachers’ disciplinary action gets deviated for its own source. As the result, the protection of liberty to learn as a student begins to lose balance with the preservation of freedom to teach as a teacher ,and there begins to be an inverse relationship between parents and teachers based on their own guardianship and education rights. In order to promote the legitimacy of teachers’ disciplinary action to return to its original value, the protection of the rights among students ,parents and teachers should keep balance and the teachers ’ disciplinary authority should keep more clearer.