Is it illegal for a teacher to confiscate a student s belongings?

It is illegal to inspect a dormitory without permission.

<> law stipulates that administrative punishments shall be carried out by administrative organs with administrative punishment powers within the scope of their statutory authority. At the same time, it is stipulated that:

Organizations with public affairs functions authorized by laws and regulations may carry out administrative punishments within the scope of their legally-prescribed authorization. The school does not have the above conditions, does not have the right to confiscate property, and it is illegal for the school to confiscate students' property!

The following is the case study: On March 16, 2008, Xiao Li, who was a sophomore in high school in Yining City, called the newspaper, saying that the Sony PSP handheld game console given to him by his father had been confiscated by the teacher, and told him that he could only get it back after the college entrance examination.

Xiao Li was puzzled: Does the teacher have the right to confiscate the student's things? Students: Items are often confiscated The author randomly interviewed some middle school students in Yining City about this matter, and some students revealed that they often have their belongings confiscated by teachers.

Xiao Zhou, a first-year junior high school student, said: "It's been a month since the teacher confiscated my ***, and he hasn't returned it to me yet!" Xiao Liu said: "The teacher confiscated my mobile phone and asked me to call my parents to pick it up, otherwise I won't return it!" ”

Teacher: I want students to concentrate on their studies "The school has clear rules and regulations, but there are always individual students who do not follow them, such as when a student's mobile phone suddenly rings during class, which not only disrupts classroom discipline, but also interrupts the teacher's lecture ideas. In fact, observing classroom discipline is a sign of mutual respect, and confiscating things is just a hope that students will be more attentive to their studies.

Teacher Hu, who teaches English at a middle school in Yining City, shared his views with the author. Parents: Agree with the teacher's approach "The teacher is right to do this, it should be strictly managed, and there is no need for students to wear mobile phones without special circumstances. ”

The teacher cannot confiscate the student's personal belongings casually, it is not allowed, you can ask for it back, but the teacher may use other reasons not to give it to you.

Hello, the teacher does not have the right to confiscate the student's personal belongings. The same goes for PE teachers. He can keep it for a while, and then take the time to return it to you.

If there are items in the classroom that are not conducive to your own learning and that of others, the teacher has the right to confiscate them, but only keep them for you temporarily, and you must be in a correct state of mind.

Of course not, even if the student has violated classroom discipline, the teacher should return his things to him after confiscating them and making him realize his mistake.

No, but it can be kept temporarily as a punishment.

The teacher can return it to him during the lesson, but he should not return if he does not return.

Can the teacher take away my shoes from the drawer by rummaging through my drawer? How do I get it back?

Teachers cannot confiscate a student's personal belongings casually, but if the student's personal belongings affect the class, then they can be temporarily confiscated and will be returned to you later.

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.