关于规范中小学教师教育惩戒权问题研究——以《中小学教育惩戒规则(试行)》为背景
Research on the Issue of Regulating the Right to Discipline in Primary and Secondary School Teachers’ Education—Against the Backdrop of the “Disciplinary Rules for Primary and Secondary Education (Provisional)”

本文旨在探讨中小学教师教育惩戒权的规范问题，以《中小学教育惩戒规则(试行)》为背景，分析了教育惩戒的内涵、实施中的问题以及提出改进建议。研究发现，教育惩戒是学校和教师基于教育目的对学生进行管理、训导或矫治的行为，与体罚有显著区别。文章通过问卷调查和案例分析，揭示了教师教育惩戒权实施中的不当现象，如惩戒标准不明确、惩戒目的易失去适当性、惩戒行为的随意性，以及缺乏有效的监督机制。提出了提高教师素养、完善相关法律法规、建立监督与救济机制等建议，以期有效落实和规范行使教师教育惩戒权，保护教师和学生的合法权益。
The purpose of this paper is to discuss the normative issues of primary and secondary school teachers’ educational disciplinary power, and analyze the connotation of educational discipline, the problems in its implementation, and put forward suggestions for improvement under the background of the “Disciplinary Rules for Primary and Secondary Education (Trial)”. The study found that educational discipline is the behavior of schools and teachers to manage, discipline or correct students for educational purposes, which is significantly different from corporal punishment. Through questionnaire survey and case analysis, this paper reveals the improper phenomena in the implementation of teacher education disciplinary power, such as unclear disciplinary standards, easy loss of appropriateness of disciplinary purpose, arbitrariness of disciplinary behavior, and lack of effective supervision mechanism. Suggestions were put forward to improve the quality of teachers, improve relevant laws and regulations, and establish supervision and relief mechanisms, with a view to effectively implementing and standardizing the exercise of teachers’ right to discipline in education and protecting the legitimate rights and interests of teachers and students.