Does the teacher have the right or legal basis to forcibly demand and keep without the consent of th

Updated on society 2024-02-08
25 answers
  1. Anonymous users2024-02-05

    No, it is absolutely illegal to do so.

    But you have to know that since you are in school, you have to be subject to school discipline, although the teacher does not have the right to confiscate your IDS, and according to the law he must return it, it is better not to have a problem with the teacher, because it will not benefit you.

    I suggest you ask your parents to come to him for it, because after all, it is a valuable thing, and if you don't want your parents to know, then go to your parents who are good with you and think of a way.

    This matter should be easy to solve, and your teacher is also confused by a little petty profit, a stupid teacher with no future.

  2. Anonymous users2024-02-04

    Of course not, maybe this teacher is also for the students to learn well, but this method is not advisable, and it is not right to keep the promise after that.

  3. Anonymous users2024-02-03

    There are some things you don't want to force, forget and forget! Would it be good for you to care? Good teachers will definitely promise, bad teachers (low-quality) are useless! You tell me? It's better to prick up your ears! Don't let the teacher catch you! Ha ha.

  4. Anonymous users2024-02-02

    It is absolutely illegal to do so, and it is recommended that you ask your parents to come to him and ask for it.

  5. Anonymous users2024-02-01

    It is against the law and knowledge of the law must be used against LS (teachers).

  6. Anonymous users2024-01-31

    Teacher Gen will discuss again, soft will not use hard!

  7. Anonymous users2024-01-30

    In a strictly legal sense, the teacher has no right to confiscate the student's belongings or "take custody" of the student without the consent of the student.

    Confiscation is the deprivation of an individual's ownership rights, and only the competent authority can impose this punishment on the illegal and criminal acts of the counterpart under the express provisions of the law. In addition to this, no one may infringe on the property ownership rights of others. Teachers are no exception.

    In the same way, "custody on behalf of the parties" without the consent of the parties is a forcible transfer of possession of property, and it is also an infringement of the individual's legal property ownership.

    Teachers are accustomed to confiscating or "taking custody" of students' belongings, and in fact, the inertia of the idea of absolute expansion of administrative power in the planned economy has no legal basis in a society governed by the rule of law.

    Ownership is the basis of the vast majority of rights, and it can be regarded as the king of rights, and it is very important to establish the awareness of the sanctity of ownership in a rights society. So, you can actively assert your legal rights against your teacher.

    However, although there is no legal basis for teachers to confiscate or forcibly "keep on their behalf", it is mostly for the purpose of caring for students, expecting their students to work hard, and master more skills to adapt to this cruel competitive society. Although you may not be able to understand the teacher's love now, as a person who should be older than you, I still hope that you can understand the teacher's intentions. In this way, they can negotiate with the teacher to solve the problem of returning the goods with the attitude of respecting the teacher and being responsible for their own future.

    I believe that the teacher will not be too embarrassed for you You must know that not everything has to be solved by the law, and the law cannot solve everything! Moreover, the law is facing a cold world of strangers, while our lives need more warm human touches.

    Do you know what to do? ^_

  8. Anonymous users2024-01-29

    The right to confiscate, the relevant education regulations give teachers the corresponding right to discipline.

  9. Anonymous users2024-01-28

    Elementary and junior high schools have the right to temporarily confiscate them, but they must notify their parents and return them to the parents of the students in a timely manner, and they cannot take possession of them for themselves, and those above high school do not have the right to confiscate.

  10. Anonymous users2024-01-27

    1. No, you cannot. Because of the confiscation of personal belongings. It should be exercised by the judiciary, and teachers do not have such a right.

    2. The crime of robbery cannot be convicted. Because the teacher did not have the intention of appropriating the item. It's just that the method is wrong, and it is an improper behavior.

    3. Robbery is overly defensive. If you have stopped the robbery after that. If you continue to hurt the other party, you will be in excessive defense.

    Follow-up question: He snatched my mobile phone Oh and didn't hand it over to the school Isn't it considered possession: It is not considered possession, the teacher confiscated your mobile phone because the mobile phone affects your learning.

    His intentions were good. But he behaved inappropriately.

  11. Anonymous users2024-01-26

    The school's rules have administrative authority (although I'm sure your rules don't provide for the confiscation of your personal belongings), and this is because the school has two roles. One is a civil entity that has a contractual relationship with students for educational services, and the other is authorized by the Education Bureau (department, etc.) to enjoy some administrative functions, such as issuing degree certificates, making sanctions, etc.; The confiscation and damage of mobile phones involves the Constitution, Property Law, Tort Liability Law, etc.; The teacher read the text messages in the mobile phone and violated personal privacy, involving laws such as the Constitution, Tort Liability Law, etc.; Take action? There are many actions, go to the principal's office to react, go to the education department to react, and go to the court to sue.

    It is better to settle it peacefully. The school will not refuse to return it.

  12. Anonymous users2024-01-25

    Don't say the law, it's useless, call the police directly.

  13. Anonymous users2024-01-24

    Direct 110, hello police uncle? My teacher confiscated my phone, come and get her away!

  14. Anonymous users2024-01-23

    No rights, it is a violation of the law.

    Article 75 of the General Principles of the Civil Law of the People's Republic of China stipulates that citizens' lawful property shall be protected by law, and any organization or individual is prohibited from encroaching, looting, breaking or illegally sealing, seizing, freezing or confiscating it.

    In order to maintain the normal teaching order, the school usually adopts some management measures. Some schools will search students' belongings or temporarily seize students' mobile phones, game consoles, etc., and in some schools, teachers may even fine students. In the eyes of some teachers, this is a normal management tool, but in fact it violates the property rights of students.

    Schools do not have the right to confiscate or temporarily seize students' belongings Confiscation and seizure of property falls under the category of administrative penalties, and schools, as educational institutions, clearly do not have such rights.

    According to the Administrative Punishment Law promulgated in 1996, there are three types of subjects that enjoy the right to impose administrative punishments:

    Administrative organs that enjoy the power of administrative punishment in accordance with the provisions of law. Article 15 of China's "Administrative Punishment Law" stipulates: "Administrative punishment shall be carried out by the administrative organ with the power of administrative punishment within the scope of statutory authority. ”

    Organizations authorized by laws and regulations. Article 17 of the Administrative Punishment Law stipulates that: "Organizations authorized by laws and regulations to administer public affairs may impose administrative penalties within the scope of statutory authorization. ”

    Organizations entrusted by administrative agencies. Article 18 of the Administrative Punishment Law stipulates: "In accordance with the provisions of laws, regulations or rules, organizations that meet the requirements of Article 19 of this Law may be entrusted to carry out administrative punishments within their statutory authority.

    Administrative organs must not entrust other organizations or individuals to carry out administrative punishments. Entrusting an administrative organ to carry out an administrative punishment shall be responsible for oversight of the entrusted organization's conduct and bear legal responsibility for the consequences of that conduct. Within the scope of the entrustment, the entrusted organization is to carry out administrative punishments in the name of the entrusting administrative organ; No other organization or individual must be entrusted to carry out administrative punishments. ”

  15. Anonymous users2024-01-22

    Hello! Legally speaking, only the relevant state departments and the executors have the right to "confiscate", and the teacher has no right to confiscate the students' things. In the case of schools, in order to facilitate management, schools have established school rules and disciplines, and some school rules will have provisions such as "bringing things that violate the regulations to the school will be confiscated".

    But we must understand that the "confiscation" here is not "confiscation" in the legal sense, it is to be confiscated and not returned. The school's "confiscation" simply means "collection" or "custody".

    The meaning of "collection" and "custody" is also different. If a student brings prohibited items such as ** items and drugs to the campus, the school will "collect them on behalf of them" and then hand them over to the relevant departments; If a student only brings something that violates school rules and discipline, the school may "confiscate" it and keep it on their behalf. However, this "confiscation" cannot be long, and if it is not received at the end of the period after ten days and half a month, or even as soon as it is confiscated like Ah Bing's teacher, it should not be, because this practice violates the property rights of students.

    Some schools have issued a rule that all students who bring mobile phones, *** and other things that have nothing to do with learning to school will be confiscated once they are found, and they will be collected by their parents, or even worse, they will simply not return them until the end of the semester or after graduation. The original intention of this regulation is good, but it also raises a lot of problems: First, as a unit, schools do not have the power of administrative law enforcement, and they do not have the right to confiscate students' things, so the practices of these schools are actually in violation of the laws of our country.

    Second, digital products are replaced quickly, if according to the practice of some schools, confiscated things are returned to students at the end of the semester or at graduation, these things may have been eliminated, but they have not been fully utilized, resulting in depreciation, who will bear the losses in the meantime? Thirdly, some teachers lose their belongings due to carelessness after confiscating students' belongings, which will also cause a lot of unnecessary trouble. Fourth, with the progress of society, these digital products are becoming more and more popular, it has been proved that the benefits of this popularization outweigh the disadvantages, so it is also an inevitable trend for students to bring these things to school, and the introduction of confiscation regulations to prohibit may be banned for a while, but after all, it is not a long-term solution, in this case, why not prohibit as a guide, teach students how to use these things, not only to ensure the quality of teaching, but also not to make students resist, is not the best of both worlds?

    Therefore, I hope that everyone will come to discuss this issue, work together, and come up with a solution as soon as possible, after all, it is not legal and wrong for teachers to confiscate students' things. Thank you.

  16. Anonymous users2024-01-21

    Teachers do not have the right to request the confiscation of a student's finances, but since the student is a person with limited capacity, their finances must be kept by a guardian, so your confiscated items need to be returned to the school by your guardian.

  17. Anonymous users2024-01-20

    Generally, teachers will return it after confiscation, and if it is not returned, it is illegal. If they do not comply, the school will naturally have corresponding regulations to punish, but it must also be legal and compliant. If you feel that the teacher's practice is not compliant, you can report it to the local education bureau.

  18. Anonymous users2024-01-19

    No, parents can come back, but very few parents do.

  19. Anonymous users2024-01-18

    I think that what the teacher confiscated, as long as it does not violate the principles, can be returned in various ways, if the attitude and method are correct!

    Teachers are generally not selfish, and if confiscating your things is selfish, then the teacher is too unqualified.

    Communicate more with the teacher, ask for things back after a period of time, it should be every problem, and learn to respect the teacher!

  20. Anonymous users2024-01-17

    When to wait for a dish and a soup, the car keys are sprinkled.

  21. Anonymous users2024-01-16

    Teachers have absolutely no right to confiscate any of a student's belongings (whether valuable or not), and it is important to note that teachers have no right to keep any belongings on behalf of a student without the student's consent!

    1. (What should be done) After class, you should find the teacher to take the initiative to admit your mistake and ask for his forgiveness 2. If he refuses to return, it is recommended that you do not make any accusations or reports against the teacher for the time being, for a student, learning is the first!

    3. You can ask him to return all your belongings after graduation, if he still doesn't return or the items are left behind, you can claim from him with the invoice you purchased at that time, if he still doesn't return, you can report to the school leaders, report to the local education bureau, and you can file a civil lawsuit!

  22. Anonymous users2024-01-15

    There are no rights, the law provides for them.

  23. Anonymous users2024-01-14

    I want to see if this teacher has a sense of morality.

    But if you peek, it's a violation of your privacy. You have the right to sue him.

    You can go to the telecommunications office to check the call history to find out if the teacher is using your mobile phone.

  24. Anonymous users2024-01-13

    Definitely not! What an invasion of privacy!

  25. Anonymous users2024-01-12

    From a legal point of view, it is definitely illegal. The teacher does not have the right to confiscate any of the student's belongings, or to withhold them, and she can pass them on to the parents, which is indeed incorrect.

    From an educational point of view, teachers have always taken this method of education, confiscation of **, game consoles, etc., but there is something inappropriate, I don't know if you are a student or a parent. No matter which side you are on, you should communicate with the teacher and coordinate the solution. After all, you or your children are going to study in school, and it is not good for the conflict to worsen.

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