防治“校闹”纠纷之探析——以法律为视角

A Brief Analysis of Prevention and Control about School Disturbance——From a legal perspective

"校闹"纠纷令许多教育机构谈虎色变,为了避免麻烦,学校纷纷取消潜藏法律风险的教学活动,这种因噎废食的作法将会导致国民教育目标落空和教育事业的畸形发展。"校闹"纠纷发生的原因是多元化的,既有社会心理、价值认识等主观原因,也有机制缺位、立法不完善的技术原因。基于此,"校闹"纠纷的治理,不仅要在现行法律体系下加大打击力度,而且还要纠正错误理念、创新纠纷化解机制、建立健全相关法律规范。

School disturbance makes many education institutions feel frightened,just as people may turn pale at the mention of a tiger. To avoid trouble,most of schools have to cancel many teaching activities,which may cause the potential legal risks. This practice will lead to the deformation of national education goal and education cause. Reasons for school disturbance are diversified,which include both subjective reasons such as social psychology,value understanding,and objective reasons such as absence of mechanism,imperfect legislation. Based on this,the effective management of school disturbance relies on not only strengthening punishment under the current legal system,but also correcting some wrong concepts,and innovating mechanism in resolving dispute,besides establishing and improving the relevant legal norms.