教育惩戒规范体系之缺陷及其二元优化路径

Defects and Dual Optimization of Educational Punishment System

教育惩戒是基层教育行政执法的缩影,教育惩戒权的规范化行使离不开教育惩戒规范体系的法治引领。教育惩戒法律规范体系是否具备确定性、可操作性等良法特性与教育惩戒纠纷实质性化解以及教育惩戒主体依法惩戒之间不无直接关联。然而,教育惩戒法律规范体系在横向上存在教育惩戒概念内涵过于宽泛、惩戒规则指向前后矛盾、惩戒原则缺乏针对性和可操作性等缺陷;在纵向上则表现为教育惩戒裁判规范体系不健全、惩戒规范体系有违法制统一原则等弊端。据此,应从横纵两个维度对教育惩戒规范体系加以完善,以期为加强和推进教育惩戒权的规范化、法治化行使,进而促使教育惩戒纠纷实质性化解提供良法支撑。

Educational punishment is the epitome of grassroots education administrative law enforcement,and the standardized exercise of the power of educational punishment cannot be separated from the legal guidance of the standardized system of educational punishment.Whether the legal standard system of educational punishment has the characteristics of certainty and operability is directly related to the substantive resolution of educational punishment disputes and the legal punishment of the subject of educational punishment.However,the education law system education exists in the cross disciplinary punishment concept is too broad,disciplinary rules to inconsistent,the principle of punishment,defects such as lack of pertinence and maneuverability on the longitudinal is characterized by education disciplinary referee standard system is not sound,disciplinary system goes against the principle of unified legal system,etc.Therefore,we should improve the standard system of educational punishment from horizontal and vertical dimensions,in order to strengthen and promote the standardization and law-based exercise of educational punishment power,and then promote the substantive resolution of educational punishment disputes to provide good legal support.