有偿补课禁而不止的法理检视

Jurisprudential Review of Paid Supplementary Courses

国务院和地方各级政府连续出台政令,禁止中小学在职教师进行有偿补课,对违反规定者予以严厉的行政处分。实践中,有偿补课成为一个社会问题,禁而不止,每年有相当数量的在职中小学教师“屡屡犯禁”。本文通过自编问卷实施调研,数据分析结果显示:补课对提高学生学习成绩进而帮助他们实现向上社会流动有积极意义,在职教师有偿补课性价比高等。在职中小学教师有偿补课有深厚的社会文化基础和社会需求基础。解决禁而不止问题,一要正视有偿补课的文化习惯和社会需求;二要理性看待在职中小学教师的兼职兼薪权;三要实现有偿补课的个人行为向组织行为的转变,合理有序引导补课。

The State Council and local governments at all levels have issued successive decrees to prohibit in-service teachers in primary and secondary schools from paid supplementary courses,and impose severe administrative sanctions on those who violate the regulations.In practice,paid make-up classes have become a social problem that cannot be stopped.A considerable number of in-service primary and secondary school teachers“break the prohibition repeatedly”every year.A questionnaire survey was administrated in this study.Results showed that making up lessons were of positive significance to improve students academic performance and helped them achieve upward social mobility and paid making up lessons were believed to be highly cost effective.In-service teachers paid supplementary courses had a deep social and cultural foundation.In order to prohibit paid supplementary courses,we should,first,be aware of the cultural habits and social needs of paid supplementary courses;second,we should treat the part-time and salary right of in-service teachers rationally;third,it is necessary to realize the transformation from paid individual behavior to organizational behavior,and reasonably and orderly guide after-school tutoring.