On the Social Power of Teachers'Educational Punishment

The social power of teachers'educational punishment is a kind of power that teachers use to manage students on be-half of schools.This social power,in the sense of social law,consists of the management responsibility and authority,which are neces-sary for teachers to maintain the normal school education and teaching order,the overall interests of students as well as the physical and mental health development of individual students,and shape students'character so that they are recognized on and off campus.The purpose of setting this social power is to optimize or maximize the interests of children.On this premise,the disciplinary measures taken by teachers according to law and regulations for the purpose of legitimate education should be respected.At the same time,the erosion of parents'rights by the power of punishments should be overcome.It must be noted that the fundamental purpose of the punishment power is for children to develop the good character of identity in and out of school.Teachers'educational disciplinary measures should always focus on such initial intention.Therefore,when setting the elements,specific ways and relevant procedures of teachers' social power of educational punishment,the establishment of relevant mechanisms,rules and procedures should proceed from this fundamen-tal purpose and principle.The social power of teachers'educational punishment integrates the basic standards of public law and the au-tonomous rules of teachers'management of students on behalf of schools in private law,which embodies the typical characteristics of the integration of public law and private law.On the basic premise of denying corporal punishment to students and insulting language that is not in line with the legitimate purpose of education,according to the degree of students'illegal and disciplinary behavior,set up appropriate and necessary disciplinary measures for students'physical and mental characteristics.In terms of disciplinary measures,according to the relationship between students'discipline violations and the law,set up three levels of disciplinary measures and differ-ent applications.For the discipline violations that are closely related to the law,strict procedures are stipulated to ensure the legality and reasonableness of punishment and to achieve the goal of promoting students to develop good conduct.Teachers who impose penalties illegally due to intentional misconduct or gross negligence shall be dismissed and take corresponding legal liabilities.