教师教育惩戒权的法律性质及其立法规制

The Legal Nature of Teachers’ Educational Disciplinary Authority and Its Legislative Regulation

摘要: 当前学界对教师教育惩戒权存在权利说、权力说、复合说等争议，尚未形成共识。本文从学生受教育权、教师职业权双重视角，阐释教师教育惩戒权的法理基础，并对不同属性学说进行辨析。研究指出，需围绕教师教育惩戒权职权属性，从完善教育基本法条款、构建规制体系、衔接下位立法三方面健全法律体系，为《教师法》修订提供学理参考。

Abstract: The current academic community is divided on the issue of teachers' disciplinary authority, with debates such as the “right theory”, “power theory”, and “composite theory”, and no consensus has yet been reached. From the dual perspectives of students’ right to education and teachers’ professional rights, this paper elucidates the legal foundation of teachers’ educational disciplinary authority and analyzes the competing theories. The study argues that the legal system must be improved by focusing on the authority nature of teachers’ educational disciplinary power, through three aspects: refining provisions in basic education laws, establishing are gulatory framework, and aligning with subordinate legislation, there by offering theoretical references for the revision of the Teachers Law.