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In this case, the school did not infringe on Wang's right to education and teaching.
1. Because although Wang's academic qualifications meet the standards, due to the limitations of professional knowledge, ability, morality, etc., he cannot fulfill the obligations of a qualified teacher and cannot perform the statutory duties of a teacher, therefore, Wang should no longer have the right to engage in education and teaching.
2. The school's refusal to allow Li to take up teaching work and change to other jobs is a school administrative management act implemented in accordance with the law, and does not infringe on Li's "right to education and teaching".
To be a qualified teacher, you must fulfill the six obligations of a teacher set out in Article 8 of the Education Act:
Compliance obligations. They should abide by the Constitution, laws and professional ethics, and be a role model.
Pedagogical Obligations. It is necessary to implement the national education policy, abide by the rules and regulations, implement the school's teaching plan, fulfill the teacher's contract, and complete the education and teaching tasks.
Political, ideological, and moral education obligations. We should consciously combine the characteristics of education and teaching, and carry out ideological, political, and moral education throughout the whole process of education and teaching. Carry out education on patriotism, national unity, and the legal system for students, and carry forward the spirit of the Chinese nation.
Cultivate students to be good law-abiding citizens with social morality and civilized behavior.
Respect students' personal obligations. We must not adopt simple and crude methods, insult or discriminate against them, disclose students' privacy, and still less inflict corporal punishment or disguised corporal punishment on students.
Raise the level of ideological consciousness obligation. Teachers should constantly improve their political consciousness and the level of education and teaching.
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In this case, the study decision was to deal with Li in accordance with the laws and regulations on the norms of civil servants and public institutions, and according to the regulations: he could be transferred to a position, and he could be dismissed if he was rated as unqualified for two consecutive years. So it's not.
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In this case, one of them, Li's conduct had a negative impact on his students, seriously affecting the students' right to education. Not responsible for their future lives. Second, Li did not fulfill his duties as a teacher. Therefore, the school has the right to let him be responsible for the security of the school, and the work of sending and receiving.
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Such a person probably shouldn't be a teacher at all! Mentally unhealthy, the students taught will also be a problem in the future.
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Li is irresponsible to students and not responsible for teaching.
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Legal Analysis: The specific manifestation of the infringement of the right to education is actually the envy of the possibility of others obtaining human capital through education and ultimately obtaining property benefits.
Legal basis: Education Law of the People's Republic of China
Article 28: Schools are to manage the student status of the students who receive education, and to implement rewards or sanctions.
Article 42: Persons receiving education have the right to appeal to the department where the damage was given a dissatisfaction with the punishment given by the school, and have the right to file a complaint against the school or teachers for violating their personal rights, property rights, or other lawful rights and interests, or to initiate litigation in accordance with law.
Article 46 of the Constitution of the People's Republic of China Citizens of the People's Republic of China have the right and duty to receive education.
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Legal basis: Civil Code of the People's Republic of China
Article 1200:Where persons with limited capacity for civil conduct suffer physical harm while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties and repent, they shall bear tort liability.
Article 1201:Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the third party bears tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions can recover from a third party after assuming the supplementary liability of Biyukai.
Article 4 of the Constitution of the People's Republic of China Article 16 Citizens of the People's Republic of China have the right and duty to receive education. The State cultivates the all-round development of youth, adolescents and children in terms of morality, intelligence and physique.
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Legal basis: Civil Code of the People's Republic of China
Article 1200:Where persons with limited capacity for civil conduct suffer physical harm while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear tort liability.
Article 1201: Where a person who lacks or has limited capacity for civil conduct is subjected to personal injury by a third party other than the kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.
Constitution of the People's Republic of China Article 46 Citizens of the People's Republic of China have the right to receive education, and they have the obligation to be mercenary. The State cultivates the all-round development of young people, adolescents and children in terms of morality, intelligence and physique.
Categories: Social Livelihood >> Law.
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