论教师的惩戒权

On the Disciplinary Power of Teachers

教师惩戒权实际上是国家权力的延伸,是教师以教育为目的,对学生进行惩戒的权力。实践中,教师拥有并行使惩戒权是大家普遍认同的,国外很多国家都建立了相对完善的法律体系。但是,我国除部分地方政府规章规定了学校可以对学生实行惩戒外,尚无其它法律对教师惩戒权做出明确的规定,严重影响了正常的教学管理,致使国家的教育目的难以实现。因此,在法律上对教师惩戒权做出有效的规制,明确教师惩戒权的基本原则,完善教师惩戒权的法律规范体系,有助于实现依法治国和依法治教,解决教育实践中的迫切问题。

Teachers’ disciplinary power, which refers to teachers’ power to punish the students for the purpose of education, is the extension of the state power. In practice, it is universally accepted that teachers are entitled to exercise the power of punishment, and many foreign countries have established relatively perfect legal system. However, except that some local governments stipulate that schools can punish students, there is no law in China to clearly stipulate the disciplinary power of teachers, which seriously affects normal teaching management and makes difficult to achieve the educational goals of the country. Therefore, it is necessary to make effective regulations on teachers’ disciplinary power in law, to perfect the legal norm system of teachers’ disciplinary power, and to realize the education purposes by law.