Is it reasonable for a teacher to confiscate the phone and not return it?

The mobile phone is property, which belongs to the individual student, and the teacher has no right to confiscate it. Of course, when it comes to the way of education, it may be temporarily withheld, but it should be returned to the student or parents in a timely manner.

In this matter, the teacher should take the education method in a timely manner and cannot delay, otherwise it will be an infringement of the student's property ownership.

The school rules will state that students are prohibited from using smart devices such as mobile phones at school.

The purpose is self-evident: to strive to create a focused learning environment for students.

The student's mobile phone is not at school, and the teacher still takes precautions to let the school detain it is a bit overbearing, in fact, you should say hello to the parents.

As for you students, as wards, you have almost no right to speak, so there is no need to be angry. We look at the purpose of the act itself, all for the sake of academics.

Legal Analysis: Confiscation is not illegal or unlawful. Confiscation may be carried out for reasons to maintain order, but the mobile phone needs to be properly disposed of, such as by handing it over to the parents, or by keeping it safe and returning it to the student at the appropriate time.

If the confiscation is not returned to other uses, if the amount is relatively large, it is a crime of embezzlement.

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 those receiving education, 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.

Teachers Law of the People's Republic of China Article 7: Teachers enjoy the following rights: (1) to carry out educational and teaching activities, and to carry out educational and teaching reforms and experiments; (2) Engage in scientific research and academic exchanges, participate in professional academic groups, and fully express opinions in academic activities; (3) To guide students' learning and development, and to evaluate students' conduct and academic performance; (4) Receive wages and remuneration on time, enjoy the benefits and benefits provided by the state, and take paid leave during winter and summer vacations; (E) on school education and teaching, management and the work of the administrative departments of education put forward comments and suggestions, through the faculty Congress or other forms, to participate in the democratic management of the school; (6) Participate in advanced studies or other forms of training.

Criminal Law of the People's Republic of China Article 271 Personnel of companies, enterprises or other units who take advantage of their positions to illegally take possession of their unit's property, and the amount is relatively large, are to be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.

Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

Legal Analysis: Confiscation is not illegal or unlawful. Confiscation may be carried out for reasons to maintain order in teaching, but the mobile phone needs to be properly disposed of, such as handing it over to parents, or returning it to students at the appropriate time after it has been properly kept.

If the confiscation is not returned to other uses, if the amount is relatively large, it is a crime of embezzlement.

Legal basis: Article 29 of the Education Law of the People's Republic of China Liang Huai Schools and other educational institutions exercise the following rights: (1) self-management in accordance with the articles of association; (2) Organize and implement educational and teaching activities; (3) Recruiting students or other persons receiving education; (4) Conduct student status management for those receiving education, 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.

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. Students have the right to demand restitution and restitution of property from individuals and authorities (other than law enforcement agencies) who have violated legal property.

Whether the teacher's confiscation of the student's mobile phone is illegal depends on whether the teacher's specific behavior violates the law, if the teacher's confiscation of the mobile phone is an infringement of the student's legitimate rights and interests, it is illegal, if the teacher's behavior is only to stop the student's violation and does not violate the provisions of China's law on private property, it is not illegal, so whether the teacher's confiscation of the mobile phone is illegal depends on the teacher's motive and the result.

Whether the teacher's confiscation is illegal or not can be distinguished from the following situations:

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

In this case, the teacher's act is based on the management of the student, and although the confiscation of the mobile phone temporarily deprives the owner of possession and disposal of the property, because the teacher handed it over to the owner's parents, and the owner has a very close relationship with his parents, it is not considered that he has actually violated the owner's ownership rights, because the act of handing over the confiscated mobile phone to his parents is not illegal.

2. Teachers promise to return the mobile phone within a certain period of time after confiscating it.

This is the most common method, generally speaking, it is said to return the phone after the exam, but if the time limit for return is too long, or the owner insists on disagreeing, and the teacher is still in possession of the phone, it may constitute a violation 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. Teachers will not return mobile phones after confiscating them.

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

Legal basisCivil Code of the People's Republic of China

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

Article 235:Where there is no right to possess immovable or movable property, the right holder may request the return of the original property.

Summary. Confiscation is not unlawful.

Confiscation is not unlawful.

For reasons of maintaining order in teaching, it is possible to confiscate the wheel, but it is necessary to dispose of the mobile phone appropriately, such as handing it over to the parents, or to return it to the student at the time of Charadan after it is properly kept. If the confiscation is not returned to other uses, if the amount is relatively large, it is a crime of embezzlement.

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 those receiving education, 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.

And also looked at my privacy.

How do I get back.

You can talk to your teacher first, or you can ask your parents to come forward.

It's really not possible to give feedback to the Education Bureau.