What are the relevant laws for teachers to physically punish students, and what are the legal respon

The culprit of this safety accident is the teacher, who is eager for quick success, weak legal awareness, and lack of love.

Corporal punishment or disguised corporal punishment of students by teachers does not occur overnight, and there are many reasons for this phenomenon. First of all, it is due to the traditional concept of Chinese education. For a long time, parents have mostly used violent methods to educate disobedient children, believing that "if you don't beat, you won't be successful", "strict teachers will make high apprentices", "beating is kissing, scolding is love, and if you don't beat or scold, it is easy to become bad".

Under the influence of this traditional attitude, it is natural for teachers to inflict corporal punishment on students.

Secondly, there is the problem of teachers' own moral cultivation and psychological quality. Some teachers feel that they have a low income, have no status in society, and have learned so much knowledge in vain, so they have a feeling that everything is unsatisfactory, and once they encounter something unsatisfactory, they will vent to their students.

Finally, there is the negative effect of test-oriented education. Some school leaders believe that as long as they can improve students' academic performance, they can use any method, and even secretly support and encourage corporal punishment or disguised corporal punishment of students.

In the process of educating students, teachers should treat every student who makes a mistake according to the psychological characteristics and physical and mental development of students, in line with the principle of respecting and caring for students. Help students regain the sails of hope.

Respecting teachers is the traditional concept of our country, such as teachers punishing students, and those who do not betray good customs are not considered guilty. At present, the current law in China does not stipulate the right to discipline students, and whether schools or teachers have this right has aroused discussion.

It is believed that the right of teachers to discipline is directly entrusted by the parents, and that school teachers have the right to discipline students because they educate their parents on behalf of their parents. However, according to the general theory in China, the right of parental discipline is different from the right of punishment of teachers, and teachers do not obtain the right of discipline due to the transfer of parental authority.

Some scholars have also re-evaluated the theory of the guarantee of educational opportunities from the perspective of the legal system of disciplining students in the United States, believing that it is due to the protection of the right to study. It is necessary for teachers to discipline themselves in order to achieve their educational goals.

Each of the above arguments has its own basis. In fact, due to the achievement of the purpose of education, teachers have the right to teach freely, the right to educational evaluation, the right to life guidance, and other educational behaviors when school education activities are implemented, and at the same time, they have the responsibility to protect students' life guidance and maintain school order.

Negligent injury has constituted a crime under the Criminal Law.

If you can't talk about the law, you will just be laid off.

Teachers should be student-oriented, accountable to all students, and not favor one group and discriminate against another. For students who have shortcomings and mistakes, it is necessary to have an in-depth understanding of the situation, analyze the reasons in detail, and do a good job of transforming their thinking with enthusiasm. It is necessary to be good at discovering, cultivating and mobilizing the positive factors in the junior students, affirming their small progress, respecting their self-esteem, encouraging their self-motivation, and helping them grow with confidence.

It is also necessary to carry out patient and meticulous persuasion and education work for a very small number of students who refuse to change their ways, whose mistakes are serious in nature, and who need to be given disciplinary punishments, so as to convince people with reason, and must not adopt simple, rude, and coercive methods, still less corporal punishment or disguised corporal punishment of students. To this end, the Law stipulates the legal responsibility of teachers for corporal punishment of students. For teachers who use corporal punishment or covert corporal punishment of students, their schools, other educational establishments, or administrative departments for education must promptly conduct criticism and education, help them understand and slow down their mistakes and promptly correct their mistakes, and give administrative sanctions or dismissal depending on the circumstances.

Where the circumstances are extremely heinous and constitute a crime, legal responsibility should be pursued in accordance with the provisions of the Criminal Law.

The legal consequences of corporal punishment of students are that their schools, other educational establishments, or administrative departments for education criticize and educate them, and give administrative sanctions or dismissal depending on the circumstances. where the circumstances are heinous and constitute a crime, criminal responsibility is pursued in accordance with law.

Article 109 of the Civil Code of the People's Republic of China: The personal freedom and dignity of natural persons are protected by law. Article 990 of the Civil Code of the People's Republic of China: Personality rights are rights enjoyed by civil subjects, such as the right to life, the right to body, the right to health, the right to name, the right to a name, the right to portrait, the right to reputation, the right to honor, and the right to privacy. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

Article 991 of the Civil Code of the People's Republic of China: The personality rights of civil subjects are protected by law and must not be infringed upon by any organization or individual. Article 995 of the Civil Code of the People's Republic of China: Where personality rights are infringed, the victim has the right to request that the perpetrator raise his or her hand to bear civil liability in accordance with the provisions of this Law and other laws. The provisions of the statute of limitations do not apply to the victim's right to request cessation of infringement, removal of obstacles, elimination of danger, elimination of impact, restoration of reputation, and formal apology.