教师行使惩戒权的困境及对策探析

The Dilemma and Countermeasure of Teachers Exercising Punishment Power

摘要: 2020年，《中小学教育惩戒规则(试行)》颁布了，教师行使教育惩戒权有了直接的依据。这一规则的出台，不仅有利于教师履行职责、维护教学秩序，更能够保护学生的合法利益，促进教育事业的健康发展。教师惩戒权作为教师履行职责、维护教学秩序的重要依托，对促进学生良性发展具有至关重要的作用。然而，在实践中，教师惩戒权的行使却面临着诸多困境，如《教育惩惩戒规则》的法律效力问题、同案不同判时有发生和救济渠道不畅通等问题。本文通过分析这些困境的成因和影响，提出了将教育惩戒权写入《教师法》、司法机关发布典型性案例、建立监督并打通救济渠道等对策，以应对教师行使惩戒权所面临的困境。

Abstract: In 2020, the “Disciplinary Rules for Primary and Secondary Education (Trial)” were promulgated, providing a direct basis for teachers to exercise their right to educational discipline. The introduction of this rule is not only beneficial for teachers to fulfill their responsibilities and maintain teaching order, but also to protect the legitimate interests of students and promote the healthy development of education. The punishment power of teachers, as an important basis for teachers to fulfill their responsibilities and maintain teaching order, plays a crucial role in promoting the healthy development of students. However, in practice, the exercise of teachers’ punishment power faces many difficulties, such as the issue of the legal effectiveness of the “Education Punishment Rules”, the occurrence of different judgments in the same case, and the lack of smooth relief channels. This article analyzes the causes and impacts of these difficulties, and proposes countermeasures such as incorporating the right to educational punishment into the “Teacher Law”, issuing typical cases by judicial authorities, establishing supervision and opening up relief channels, in order to address the difficulties faced by teachers in exercising their punishment power.