日本公立中小学教育惩戒制度探析

On the Educational Punishment System of Public Primary and Secondary Schools in Japan

日本公立中小学教育惩戒制度是日本政府为了规范学生行为,维护学校秩序,通过立法、行政干预、司法审判等手段,促使全国公立中小学根据自身情况依法订立教育惩戒规则并实施教育惩戒行为的学校教育管理制度。该制度施行多年后成效显著,据近10年日本高中生因问题行为而受到退学惩戒的人数统计显示,整体呈递减趋势。该成效的取得得益于立法的适度引导、政策的积极支持、司法判例的示范补充以及各校规则制定的因地制宜等。但就教育惩戒制度本身而言,仍存在一些问题与不足,譬如部分学校的惩戒制度过于抽象简单,缺乏有效的表彰制度等。

Japan’s public primary and secondary school education punishment system is a school education management system formed by the Japanese government in order to standardize students’ behavior and maintain school order by means of legislation, administrative intervention and judicial trial. The system has achieved remarkable results after its implementation for many years. According to the statistics of the number of Japanese high school students who have been punished for dropping out of school due to problematic behavior in recent ten years, the overall trend is decreasing. The achievement of this effect benefits from the appropriate guidance of legislation, the active support of policies, the demonstration and supplement of judicial precedents, and the formulation of rules according to local conditions. However, as far as the educational disciplinary system itself is concerned, there are still some problems and shortages, such as the disciplinary system of some schools is too abstract and simple, lack of effective commendation system and so on.