Can teachers confiscate students personal property? 20

Of course not, it can't be, if you are in class to do xx things confiscated there are 3 results:

1.In the future, if you behave better, don't take the parental route, and go directly to your hands.

2.To parents.

3.Go to the soft grinding hard bubble yourself to make a guarantee.

1. You should be under the age of 18 and be a junior high school student or a high school student (in fact, it is impossible for a high school student to do such a thing).

2. In fact, it can't be regarded as the teacher depriving you of your property, he doesn't have this right, and he doesn't have the courage to do so, otherwise he is violating the criminal law.

3, this matter must be your fault The teacher is called helping you keep it (he will also defend it like this) You can't sue the teacher You are under the age of 18 Your guardian is your parents and your legal representative before the age of 18 You can ask your parents to get it back If the mp4 is damaged, you can ask him to compensate.

4. This is a legal void and now only that.

If you have nothing to do, go to him for a cup of tea every day, you will work!

Show more in front of him!!

The teacher doesn't have this right, you can ask him for it.

It's illegal for the teacher to do this, and you have the right to get it back.

It's clear that there is no right to confiscate your stuff!

If you want to go head-to-head with him, you can get your mp4 back, but he also has the "means" to prevent you from passing.

Since I am a student under him, I beg the teacher to go in a low voice, and say something reassuring, "I will never listen to it again in class, please teacher, I will go home and delete all the songs in it and replace them with English texts!" ”

It's up to you.

Let the parents ask for it.

But if it's because of you.

Maybe you don't want your parents to know about it.

Admit your mistakes to your teacher.

He'll give it to you.

Whether the teacher's confiscation is illegal or not can be distinguished into the following situations: 1. After the teacher confiscated the mobile phone, he directly handed it over to the student's parents, so it is not considered that it actually infringes the ownership rights of the owner, and the act of handing it over to his parents after confiscation is not illegal. 2. Teachers promise to return the mobile phone within a certain period of time after confiscating it.

3. After the teacher confiscates the mobile phone, it will not be returned, and the owner can claim his legitimate rights and interests through the law.

Article 235 of the Civil Code Where a person has no right to occupy immovable property or bury movable, the right holder may request the return of the original property.

1. No rights, it is illegal.

2. Article 75 of the General Principles of the Civil Law of the People's Republic of China stipulates that citizens' lawful property shall be protected by law, and it is forbidden for any organization or individual to occupy, plunder, destroy or illegally seal, seize, freeze or confiscate.

3. In order to maintain the normal teaching order, the school usually adopts some management methods, some schools will search students' belongings or temporarily seize students' mobile phones, game consoles, etc., and some schools even have teachers to fine students, in the eyes of some teachers, this is a very normal management means, in fact, this behavior violates the property rights of students.

4. The school does not have the right to confiscate or temporarily seize the student's belongings The confiscation and temporary seizure of property falls within the scope of administrative punishment, and the school, as an educational institution, obviously does not have such a right.

5. The implementation of administrative punishment measures must have the corresponding subject qualifications, according to China's 1996 promulgation of the "Administrative Punishment Law", the banquet enjoys the right to administrative punishment has the following three types of subjects:

1) Administrative organs that enjoy the power of administrative punishment in accordance with the law, Article 15 of China's "Administrative Punishment Law" stipulates: "Administrative punishment shall be carried out by the administrative organ with the power of administrative punishment within the scope of statutory authority. ”

2) Organizations authorized by laws and regulations, Article 17 of the "Administrative Punishment Law" stipulates: "Organizations authorized by laws and regulations to have the function of managing public affairs may impose administrative punishments within the scope of statutory authorization. ”

3) Article 18 of the "Administrative Punishment Law" stipulates that "in accordance with the provisions of laws, regulations, or rules, organizations that meet the requirements of article 19 of this Law may be entrusted with the implementation of administrative punishments within the scope of their legally-prescribed authority, and administrative organs must not entrust other organizations or individuals to carry out administrative punishments, and entrusting administrative organs to carry out administrative punishments shall be responsible for supervising the conduct of the entrusted organizations to carry out administrative punishments, and bear legal responsibility for the consequences of such conduct, and the entrusted organization shall be within the scope of the entrustment. Where administrative punishments are carried out in the name of entrusting administrative organs, no other organization or individual must be entrusted to carry out administrative punishments. ”

Classification of stools: social and people's livelihood >> law.

Problem description: I am a vocational secondary school student, and the school has stipulated many times that we cannot use mobile phones, ***, etc. in school. Last week, I took one of my classmates' *** to listen to it during class time, and then it was confiscated by the teacher and handed it over to the student, saying that I would give it to the hole at the end of the semester if I did not perform well, and I would only give it to me after graduation if I didn't perform well. I bought an mp4 to accompany that classmate, but a few days ago, she listened to mp4 in class and was confiscated by the teacher, we wanted to get it back, he said to hand it over to the student office, go to the student office, then said to hand it over to the dean, and also said that the semester was over to get it.

Two belongings were confiscated by the school in a week, depressed! What I want to ask is, can the school confiscate our students' belongings like this? Is it reasonable to say that it will be returned to us after the semester is over?

How can I get it back? Report it? Or talk to the teacher?

Is it useful?

I can't wait for everyone to tell me soon! Thank you!!

Confiscation of property is an administrative penalty. The law stipulates that administrative punishment shall be carried out by the administrative organ with the power of administrative punishment within the scope of statutory authority.

At the same time, it is stipulated that organizations authorized by laws and regulations to have public affairs functions may impose administrative penalties within the scope of statutory 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 teacher can confiscate the student's mobile phone when he is sleepy in class, return the mobile phone to the student when he cheats after class, and should also tell the student's parents about this matter. Ask Bijan parents not to bring mobile phones to their children during class.

You can ask students to put their mobile phones on the lecture platform during class, so that students can not play with their mobile phones when they are listening to the class, and will not infringe on the students' personal property.

I think the teacher should make the student stand up so that he can't play with his phone, and then talk to the student's parents after class.

In a strictly legal sense, the teacher has no right to confiscate the student's belongings or "take custody" of the student without the consent of the student.

Confiscation is the deprivation of an individual's ownership rights, and only the competent authority can impose this punishment on the illegal and criminal acts of the counterpart under the express provisions of the law. In addition to this, no one may infringe on the property ownership rights of others. Teachers are no exception.

In the same way, "custody on behalf of the parties" without the consent of the parties is a forcible transfer of possession of property, and it is also an infringement of the individual's legal property ownership.

Teachers are accustomed to confiscating or "taking custody" of students' belongings, and in fact, the inertia of the idea of absolute expansion of administrative power in the planned economy has no legal basis in a society governed by the rule of law.

Ownership is the basis of the vast majority of rights, and it can be regarded as the king of rights, and it is very important to establish the awareness of the sanctity of ownership in a rights society. So, you can actively assert your legal rights against your teacher.

However, although there is no legal basis for teachers to confiscate or forcibly "keep on their behalf", it is mostly for the purpose of caring for students, expecting their students to work hard, and master more skills to adapt to this cruel competitive society. Although you may not be able to understand the teacher's love now, as a person who should be older than you, I still hope that you can understand the teacher's intentions. In this way, they can negotiate with the teacher to solve the problem of returning the goods with the attitude of respecting the teacher and being responsible for their own future.

I believe that the teacher will not be too embarrassed for you You must know that not everything has to be solved by the law, and the law cannot solve everything! Moreover, the law is facing a cold world of strangers, while our lives need more warm human touches.

Teachers do not have the right to confiscate students' belongings. But usually the teacher will keep it for you. Some teachers will give you your stuff at the end of the semester.

Generally, the teachers who can confiscate your things are more serious and responsible teachers. If you give up on yourself and degenerate yourself, you will not be responsible for the teacher who cares about you.

It depends on what is confiscated. If it's just a small toy that is generally worthless, it definitely doesn't count, if it's a valuables such as a mobile phone, then it's okay, but this kind of thing can go and ask for it back.

In the strict legal sense, teachers do not have the right to confiscate students' belongings or keep them on their behalf.

No, the teacher is there to teach you to study well and not to be affected by other things.

Calculate!! Seeing a kind of situation, tell the Education Committee!! Angry and angry.

Schools have a certain degree of autonomy on the premise of abiding by the law, but the school is definitely violating the law by forcibly occupying other people's property by doing so. As for how many laws have been committed, I don't know, after all, I am not a lawyer, I just express my personal opinion.

There is no copy right, that's for sure, if he confiscates your things, you can not give it to him, if he calls your parents, you call 110 over, and the package will not show them resolutely, if they have to see, they can sue for robbery, and so on, you can complain, you can go to the Education Bureau, the Department of Education, the Health Bureau, the Industrial and Commercial Bureau 114 can be found if you do this, if you do this, it will be a sensation, but if you don't do it, you can only be bullied.

Teachers have the right to confiscate them.

As long as the school rules stipulate that you can't bring your mobile phone, it can be confiscated.

In the case of permanent confiscation of student property, the school does not have such a right.

It is not illegal to confiscate student property on special occasions.

For example, in a classroom where mobile phones should not be used, some students use mobile phones to play, which affects classroom discipline, and the school stipulates that teachers have the right to confiscate students' mobile phones and return them to their parents.