摘要: 近些年来，教师管理学生常常出现失当或者不敢管理等问题，这也引起了社会的普遍关注。国家为此颁布了最新的教育惩戒权相关法律《中小学教育惩戒规则(试行)》，希望借此规范学校、教师对于学生的教育惩戒。但是其中教育惩戒权的法律属性一直没有明确，也使得教育惩戒权在具体的实施中无法有效行使。本文从权力与权利的区别角度出发，对教育惩戒权进行分析，将其法律属性界定为权力与权利双重属性，并在法律属性明确的基础上简单探讨其合法行使。

Abstract: In recent years, teachers often mismanage students or dare not manage them, which has also attracted widespread concern in society. To this end, the state has promulgated the latest law on the right to discipline in education, the Rules on Disciplinary Actions in Primary and Secondary Education (For Trial Implementation), in the hope of regulating the educational discipline of students by schools and teachers. However, the legal nature of the right of educational discipline has not been clarified, which also makes it impossible to effectively exercise the right of educational discipline in specific implementation. This article analyzes the right to education punishment from the perspective of the difference between power and rights, defines its legal attributes as a dual attribute of power and rights, and briefly explores its lawful exercise on the basis of clear legal attributes.