Is there a legal basis for a teacher to confiscate a student s stuff?

The confiscation of things is an infringement of a citizen's property rights, and it is lawful only if it is permitted by law and carried out by the competent authorities in accordance with legal procedures. The school is not a competent authority and does not have the power to confiscate property. It is illegal for a teacher to confiscate a student's property, either in accordance with school regulations or on his own.

However, if a minor student is in possession of an item that may cause harm, and the teacher temporarily seizes it, it is lawful to exercise the school's function as a temporary guardian. However, such items (if not contraband) need to be returned to the student's guardian thereafter.

China is a moral power, and there are many ways to restrain people

1。Law According to Article XX of the Criminal Law, the class shall be confiscated. That's what the landlord meant.

2。Provisions The school has regulations, and all classes will be confiscated.

3。Rules Other school teachers confiscate, our school is the same. It's the rule.

4。Customs In the past 50 years in our town, as long as you go to class to see **, it will be confiscated. It's custom.

5。Morality is glorious to be honest in class, and ashamed to look at ** in class. Voluntary surrender is encouraged, and the possibility of confiscation is not ruled out. This is a moral constraint.

The meaning of the landlord: As long as there is no explicit provision of the law, you can do anything wrong? If the faucet is not turned off, the law will not sanction, and morality will sanction.

The law does not stipulate it, but there may be schools that have rules that do so, or it may simply be the habit of some teachers themselves. I don't think it has anything to do with morality. Watching ** in class is corrupting the atmosphere? Hehe. It can only be said that this student is not sensible.

It can be kept temporarily, but it should be returned in a timely manner, and if it is taken and refuses to return it, it constitutes infringement.

Legal analysis: It is not illegal, the teacher confiscated the student's things without transferring ownership, did not infringe on property rights, but only to control the student's study and life. Whether a teacher's confiscation of a student's things is illegal depends on whether the teacher's specific behavior violates the law, if the teacher's confiscation of things infringes on the legitimate rights and interests of the student, it is illegal, and if the teacher's behavior is only to stop the student's illegal behavior, and does not violate the provisions of the law on private property, it is not illegal.

Legal basis: Criminal Law of the People's Republic of China.

Article 270:Where the property of others in custody is illegally taken for oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told.

Legal Analysis: It is still illegal for a teacher to confiscate a student's belongings and not return them. The property rights of the state, collectives, and private individuals and other rights holders are protected by law and must not be infringed upon by any unit or individual. It is forbidden for any organization or individual to use any means to encroach upon or destroy the property of the state or the collective.

Legal basis: Constitution of the People's Republic of China

Article 12: Socialist public property is sacrosanct and inviolable. The state protects socialist public property. It is forbidden for any organization or individual to use any means to encroach upon or destroy the property of the state or the collective.

Article 13: Citizens' lawful private property shall not be infringed upon. The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law. The State may, in accordance with the provisions of law, expropriate or expropriate citizens' private property and compensate them for the needs of the public interest.