Is it an infringement for the class teacher to confiscate the student s mobile phone and peek at the

It is illegal for a teacher to confiscate a student's mobile phone, and a school teacher is not a law enforcement agency and has no right to confiscate private property. Students have the right to demand restitution and restitution of property from individuals and authorities (other than law enforcement agencies) who have committed legal property. However, it is not illegal for teachers to confiscate mobile phones and hand them over directly to students' parents.

Article 2 of the Civil Code of the People's Republic of China buries Article 140 The owner shall enjoy the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law. Article 235 of the Civil Code of the People's Republic of China Where a person has no right to possess movable property or movable property, the right holder may request the return of the original property.

Legal Analysis: The mobile phone is the legal property of the student, and the student has full ownership of the mobile phone. However, whether the teacher's confiscation is illegal or not can be distinguished from the following situations:

1. After the teacher confiscates the mobile phone, he directly hands it over to the student's parents, in this case, the teacher is based on the management of the student, although the confiscation of the mobile phone temporarily makes the owner lose the possession and disposal of the property, but because the teacher handed it over to the owner's parents, and the relationship between the owner and his parents is extremely close, it is not considered that the owner has violated the owner's ownership rights, so the act of confiscating and handing it over to his parents is not illegal. 2. After the teacher confiscates the mobile phone, he guarantees to return it within a certain period of time, which is the most common means, generally speaking, it is said that it will be returned after the examination, but if the time limit for returning the mobile phone is too long, or the owner insists on disagreeing, and the teacher still takes possession of the mobile phone, it may constitute an infringement of the owner's right of possession and disposal; If the teacher is adamant that he or she will not return the owner, he or she may choose to contact his parents and give them the phone. 3. If this happens, the teacher's behavior has actually violated the owner's right to possess and dispose of, and if the teacher refuses to return it, the owner can claim his legitimate rights and interests through the law.

Legal basis: Education Law of the People's Republic of China Article 29 Schools and other educational institutions exercise the following rights:

1) Self-management in accordance with the charter;

2) Organize and implement educational and teaching activities;

3) Recruiting students or other persons receiving education;

4) Conduct student status management for the educated, and implement rewards or sanctions;

5) Issuing corresponding academic certificates to the recipients;

6) Hiring teachers and other staff, and implementing rewards or sanctions;

7) To manage and use the facilities and funds of the unit;

8) Refuse any illegal interference by any organization or individual in the education and teaching activities of the New Year;

9) Other rights provided for by laws and regulations.

The State protects the lawful rights and interests of schools and other educational institutions from being infringed upon.

Hello, whether the teacher's confiscation is illegal or not, the following situations can be distinguished:

1. Teachers will not return mobile phones after confiscating them.

2. The teacher confiscates the mobile phone and hands it over directly to the student's parents.

3. After the teacher confiscates the mobile phone, he guarantees to return it within a certain period of time.

Article 3435 of the Property Law: The parties have the right to demand the restoration and restitution of the property from the individuals and agencies (except law enforcement agencies) who have committed the legal property of the parties.

Article 2, Paragraph 3 and Article 4 of the Property Law stipulate that a mobile phone is the legal movable property of the parties, and the parties have the ownership of the goods, and no individual or agency (except law enforcement agencies) has the right to possess or detain them.

Illicit.

Article 2, Paragraph 3 and Article 4 of the Property Law of the People's Republic of China stipulate that the mobile phone is your legal movable property, and you have the ownership of the item, and no individual or agency (except law enforcement agencies) has the right to possess or detain it;

Article 3435 of the Property Law: You have the right to demand the restitution and restitution of property from individuals and authorities (other than law enforcement agencies) who have committed trepidation of your lawful property, and the teacher should take an effective way to guide students to use the mobile phone correctly, rather than confronting the law.

The school has a rule that students are not allowed to bring mobile phones to school, but there is no rule that teachers can confiscate and seize mobile phones;

This is because the Property Law clearly stipulates that no one can infringe on the personal property of others. Although the school is a public school, no matter how good it is, it can only be a school and can never become a law enforcement unit. However, some schools have regulations that teachers can confiscate, and this regulation conflicts with the law, and it is illegal.

As a rule, it should be abolished. The Teachers Act does not have the power to "confiscate or seize student property".

In addition, the "Property Law" also stipulates that if the property is lost, you can also ask the infringer to make compensation, such as the loss of the mobile phone** and the damage caused by the mobile phone battery not charging for a long time.

It is illegal for a teacher to confiscate a student's mobile phone, and the student has ownership of his or her mobile phone, and no one can infringe upon it. Students can wait until school ends and the teacher wants their phones back.

Isn't it illegal for a teacher to confiscate a student's mobile phone?

It is understandable for teachers to confiscate mobile phones based on the consideration of maintaining classroom order, achieving class results and being responsible for students, but schools and teachers only have the right to education management.

At present, there is no clear definition of whether "teachers confiscate students' mobile phones" is a crime in the provisions of the law, so there is no question of breaking the law. The school has written agreements such as rules and regulations or student rules for the management of students, and students are expected to abide by them. If the teacher confiscates the student's mobile phone, there is still a reasonable reason for the confiscation, if the personal feeling is unreasonable, you can communicate or negotiate with the academic affairs office or the department in charge of the student, it is best not to vaporize the contradiction, or even go to the extreme.

Relatively speaking, it is not illegal, but if the teacher sells it, it is illegal. According to the relevant law, mobile phones are not allowed on campus.

The mobile phone is the legal property of the student, and the student has full ownership of the mobile phone. However, whether the teacher's confiscation is illegal or not can be distinguished from the following situations:

1. The teacher confiscated the mobile phone and handed it over directly to the student's parents, in this case, the teacher is based on the management of the student, although the confiscation of the mobile phone temporarily caused the owner to lose possession and disposal of the property, but because the teacher handed it over to the owner's parents, and the relationship between the owner and his parents is extremely close, it is not considered that it actually infringes the owner's ownership, so the act of confiscating and handing it over to his parents is not illegal.

2. After the teacher confiscates the mobile phone, he guarantees to return it within a certain period of time, which is the most common means, generally speaking, it is said that it will be returned after the examination, but if the time limit for returning the mobile phone is too long, or the owner insists on disagreeing, and the teacher still takes possession of the mobile phone, it may constitute an infringement of the owner's right of possession and disposal; If the teacher is adamant that he or she will not return the owner, he or she may choose to contact his or her parents to give the phone to them.

3. If this happens, the teacher's behavior has actually violated the owner's right to possess and dispose of, and if the teacher refuses to return it, the owner can claim his legitimate rights and interests through the law.

1. Can teachers install surveillance in private classrooms?

Legally, it is not illegal. First of all, the classroom is not a private place, it is a normal place managed by the school. Second, the student's behavior in the classroom is within the normal scope of school management.

In fact, the so-called monitor is just an extension of the eyes of the school, teachers and other student administrators, if the teacher has the right to supervise the evening self-study, then the monitor monitoring the evening self-study is not an infringement. Of course, this will feel awkward, but since I am talking about the law, I can only talk about whether it is legal or not. Thirdly, I think that the installation of a camera should be subject to two presuppositions, and generally it will not constitute infringement.

One premise is that the installation must be publicized and informed to the relevant person; Another premise is that the scope of installation must be limited to the scope that does not directly infringe on privacy, for example, the classroom itself is a scope that the teacher can supervise at any time, which does not involve privacy, but it cannot be installed in the dormitory.

Article 29 of the Education Law of the People's Republic of China Schools and other educational institutions exercise the following rights:

1) Self-management in accordance with the charter;

2) Organize and implement educational and teaching activities;

3) Recruiting students or other persons receiving education;

4) Conduct student status management for the educated, and implement rewards or sanctions;

5) Issuing corresponding academic certificates to the recipients;

6) Hiring teachers and other staff, and implementing rewards or sanctions;

7) To manage and use the facilities and funds of the unit;

8) Refuse any illegal interference in education and teaching activities by any organization or individual;

9) Other rights provided for by laws and regulations.

The State protects the lawful rights and interests of schools and other educational institutions from being infringed upon.

If there are students who do not listen to the lectures, especially playing with mobile phones, then the teacher must be able to collect mobile phones, and it is absolutely not illegal.

I don't think it's illegal for a teacher to temporarily confiscate a student's mobile phone, because the teacher is also maintaining order in the classroom, so confiscating the mobile phone is just a way for the teacher to manage.

It is illegal for a teacher to confiscate a student's mobile phone, and the school teacher is not a law enforcement agency and has no right to confiscate private property, but it is still recommended that the student listen to the teacher. Students have the right to demand restitution and restitution of property from individuals and authorities (other than law enforcement agencies) who have committed legal property, as well as compensation in case of damage. However, it is not illegal for teachers to confiscate mobile phones and hand them over directly to students' parents.

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.