November 29, 2021，The Ministry of Education issued an announcement of the "Teacher Law of the People's Republic of China (Draft Revised)" (Consultation Draft) "(hereinafter referred to as the" Draft for Soliciting Opinions ") publicly soliciting opinions from the society，Open the preface to promoting the chapters of the law and the rule of law in the new era，Zhao shows that the state further clarifies the determination of the rights and obligations of the teacher in the process of the teacher's Lishu people at the legal level，It also provides a more complete legal basis and a more solid institutional guarantee for the construction of the teacher team in the new era。During the process of various educational activities in the school，Education bet365 best casino games and punishment rights are an important right to exercise in the process of Li De Shushu.，It is also the natural rights possessed by the teacher's profession。"Draft for Soliciting Opinions" clearly clarified the identity of the public staff of public teachers from the national legal level，Expressed that teaching and educating people are acting as teachers to perform public positions，And emphasized that teachers have "performing public education service responsibilities in accordance with laws and regulations，Justice evaluation、Treat equally、Scientific Management Student "obligations，This provides us with a perspective of the teacher's education and punishment rights for us to re -examine the right to education and punishment of teachers。

　　bet365 best casino games It is the natural right of the teacher Lide Lishu

"Chinese excellent traditional culture is the cultural root of the Chinese nation"，Guardian and spreading Chinese excellent traditional culture，It is the sacred mission of every Chinese in the new era。"Master Tao Dignity" in ancient times。"Jun from the" Three "from ancient times、Father、Division、"Teaching Strict Teaching in the Three Character Classics，Master's lazy "to the" Lives and Masters "in" Lv's Spring and Autumn · Master "，Dead sacrifice，The way of this division also "，Then go to "Book of Rites · Study", "The Way of Fan Xue，Difficulty of Strict Master "，All expressively expressed the importance of Yan Shi for education。In Chinese traditional culture，People's understanding of "respecting teachers and religion" naturally contains education bet365 best casino games and punishment rights，"Book of Shangshu · Shun Dian" "whip as officer，Putting as a teachings "、"Punishment" of "Yan's Family Training" emphasizes the purpose of achieving education through punishment。Chinese education takes "education" as the basic theoretical criterion，It aims to cultivate morality、talented "sages"，The educational model of this "respect for teachers and religion" is based on "gift"，The essence of "Li" is level，Emphasize the strictness and importance of order。In the relationship between teachers and students，"Li" manifested as a clear hierarchical relationship between teachers and students，Respecting the teacher bet365 Play online games to the way is the inequality of social relations，Students must obey the teacher，time、Maintain this order in everything。In the collision of the new educational concept and the old education concept，The phenomenon of criticizing the "dignity of the teacher" appeared，"Li" is considered a feudal dross，Teachers lose their due position and dignity。"Student -centered" and "Student's subject" teacher -student equality view、Student's subject view impacts the traditional "teacher dignity"。"Freedom originated from the West、Equality、Bo Ai "has a collision with the concept of traditional education，"Students as the main body" of the new educational concept made "teacher dignity" misunderstood as the culture of imprisoning students' development and was abandoned。But，"Master Tao Dignity" is the excellent traditional culture of China，denial or weakening its role is the negation of traditional culture，Not conducive to the development of social ethics。"Outline of the National Middle and Long -term Education Reform and Development Plan (2010-2020)" clearly proposed "separation of political schools、Separation of Management Office "," Gradually cancel the actual administrative level and administrative management model "and other requirements，provides ideological guidance for practically maintaining the "teacher dignity"，It provides a clear direction for achieving the return of punishment。

　　Education and punishment rights are the legal guarantee of the effectiveness of Lideshu people

Education and punishment，Is school、Teachers based on educational purposes，Management of violating bet365 Play online games discipline and discipline、Leading or correction in a prescribed manner，Promoting students to attract asleep、Educational behavior of understanding and correcting errors。The basic connotation of "Master" shows the same important position as the teacher and the father，The ethical characteristics of education bet365 best casino games and punishment rights reflect that love and care are the emotional basis for teachers to exercise education and punishment rights，This requires teachers to perform education responsibilities for students，Taking students as loved ones usually care，and emphasize that education and punishment should coexist with temperature and scale。Lideshu people as the fundamental purpose of education and teaching，Relevant legislative practice required education and punishment to adhere to the principle of appropriateness，Implement the educational concept of Lideshu people。

In order to implement the fundamental task of Lide Shushu，Guarantee、Standardize the responsibilities of schools and teachers to perform education and teaching and management，Maintain the legitimate rights and interests of students，Promote the healthy growth of students、Comprehensive development，"Primary and Secondary School Education Disciplinary Rules (Trial)" (hereinafter referred to as "Rules") for the first time in the form of departmental rules and regulations to regulate education and punishment，This delineates the scope of the relevant requirements and measures for implementing education and punishment，It provides fundamentally follow。"Rules" requires that schools and teachers must follow the laws of education，Perform responsibilities Bet365 app download in accordance with the law，Implementation of active discipline and education punishment，Timely correct students' wrong words and deeds，Cultivate students' regular consciousness、Responsibility consciousness。At the same time，Require schools and teachers to follow the law of education during the implementation of education and punishment，Pay attention to the effect of educating people; according to the principle of rule of law，To be objective and fair。Education's goal is always Lide Tree，Even if punishment, try to "small punishment"、"punishment" in accordance with the aptitude，This requires that teachers must not only "control" in accordance with the rules，It is necessary to try to "control"。This requires teachers to follow the laws of education，It is necessary to follow the principle of rule of law; both measures should be appropriate，Pay attention to the effect。

　　Education and punishment rights and Lide Tree peopleFundamental tasks are unified with purpose

　　Traditional education believes，The right to punish is the unspeakable right of the teacher itself，The purpose of punishment is to allow students to obey discipline more，Establish the majesty of teachers。In modern contemporary，The incident of the teacher's excessive punishment of students is frequently exposed，Make parents、Student、Society has a certain question about school education，Counterattack the authority of education and punishment。To prevent such incidents continued，Since reform and opening up，my country has always revised relevant legal provisions for punishment behavior constraints。As early as the “Interim Work Regulations (Trial Draft)” promulgated by the Ministry of Education in 1978 "，Teachers should be educated patiently for students' violation of discipline，No corporal punishment or disguised corporal punishment must be performed。The "Compulsory Education Law of the People's Republic of China" and the "Protection Law of the People's Republic of China" also made clear regulations on the limitations of education and punishment。These rules and legal provisions are emphasized，The purpose of education and punishment is Lide Shushu，The object of punishment is a student who implements misunderstandings，Standard education and punishment does not mean banning education and punishment，It does not mean that the abuse of education and punishment。Traditional punishment education provides us with valuable experience，But its essence is "governing people with punishment"，It does not meet the concept of modern education。Therefore，To review traditional education，Especially punishment education，Selective inheritance and carrying forward traditional education experience，Equipment of teachers' punishment behavior through laws and regulations，Ensure the scientific and reasonableness of teachers' education and punishment，Realize the fundamental task of Lideshu in the appropriate punishment，To truly realize the educational modernization goals of socialist builders and successors。

(This article is the strategic and policy research project of Jiangsu Education Reform and Development, "Research on Risk Early Warning and Prevention Mechanism in the Education Field of Jiangsu" (Z/2020/007)

(Author Unit: Law School of Nanjing Normal University)