关键词: 教育惩戒, 教育惩戒权, 变相体罚, 学生管理, 教学管理

Abstract:

In recent decades, educational punishment and discipline has become a common concern as well as a legal issue around the world. Correctly understanding educational punishment and discipline, distinguishing it from corporal punishment, and clarifying the nature of the right of educational punishment and discipline along with the right of the exerciser are the premise and basis for correctly treating the problem of educational punishment and discipline. It is necessary to recognize the complexity of the issue of educational punishment and discipline, adhere to the inherent logic of educational activities, and promote the deep collaboration between education and law. Shame and deterrence are the logic of educational punishment and discipline. The maintenance of the conceptual order realized by “shame” to awaken the inner self “dignity” is a substantive educational action in the strict sense of the self-consciously implementing behavioral order with the conceptual order. Educational punishment and discipline can effectively curb student's faulty behavior. Active education is the source of managing student's faulty behavior. Active management makes error correction warnings more targeted, timely and flexible. However, the combined use of the three would be more effective than a single use of educational punishment and discipline. The key to educational punishment and discipline is the educational effect. Therefore, it must take students’ age characteristics, personality characteristics and gender differences into consideration. A clear distinction between teachers' right and schools' right of educational punishment and discipline is the premise and key to formulating relevant implementation rules. Teachers’ right of educational punishment and discipline is the return to the nature of education. And it has a dual nature of right and power, as well as its boundaries. College teachers should also be entitled with the right of educational punishment and discipline.

Key words: educational punishment and discipline, right of educational punishment and discipline, corporal punishment in disguise form, student management, teaching management