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I've had that experience too, but instead of having my phone confiscated by my teacher, I turned it in myself. In fact, our learning does not care whether the phone is confiscated or not. It's just that you put your heart on your phone, so do you still have the heart to study?
Teachers don't actually have the right to confiscate your phone. He only cares about your studies, and it's just for yourself. Those who are harmful to your learning will only be dealt with if they appear in front of the teacher ...
Thank you.
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What would you do if you were a teacher and you were in class and there were students playing on their phones in your class???
Don't say anything to let him play, ignore his P words...
Unless the teacher is a copycat drop... But I think even if it's a copycat, it can't tolerate students being so rampant.
If you let one go, thousands of people will stand up!! Didn't the teacher show off his head and find trouble for himself?
This is called killing chickens and setting an example 、、、 monkeys
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As a student, you have to respect the teacher's lecture, the teacher does this to ask for your respect, but also for your own good, spending your parents' money, but playing with your mobile phone in class, the teacher is sad. Although I don't like the class, just like me, I don't like to listen, but I don't play with my phone, I can learn on my own!
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If you keep pretending not to see it, your studies are probably almost over.
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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. 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, he does not consider that he has actually infringed the owner's ownership rights, so the act of confiscating and handing it over 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 basis: Article 207 of the Civil Code of the People's Republic of China The property rights of the state, collectives, private individuals and other rights holders are equally protected by law and may not be infringed upon by any organization or individual.
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The teacher can accept the student's mobile phone to quarrel with the source, because the school generally stipulates that students are not allowed to bring mobile phones to school, and some students will bring mobile phones into the classroom, which will not only affect themselves but also affect other students in the studio, so the teacher has the right to put away the hand splitting machine.
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If a student violates school discipline and rules and brings a mobile phone to the school, the teacher has the right to confiscate it for safekeeping, and let the parents of Gaona collect it when the student leaves the school and goes home.
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In the sense of the real social rule of law, the teacher has no right to confiscate your private property, and the mobile phone is essentially a personal property that has been omitted from you, although you have violated the rules, but he has no right to confiscate your mobile phone and not return it. Of course, the rules stipulate that we must not sue a teacher for a mobile phone, especially when we are in school, because we bring some other personal property at school, such as **la, mobile phones, etc., these entertainment facilities have been confiscated by teachers. As you said, your teacher also has a clear rule, that is, if the exam is good, or when you graduate, it will be returned, when we were in school at that time, the teacher sometimes directly confiscated it and did not give a plan, that is, it became a friend and pretended to be her own private property, and some teachers directly used your mobile phone.
And there are some teachers who fall directly and so on, these are very normal phenomena, after all, the school is different from the society, the school itself is a class is more serious, as long as it is a teacher, it is not too outrageous, especially in some cities that are still relatively backward, just like many parents in ordinary rural schools in third- and fourth-tier cities. Hey, I don't really care about that, so I said. Teachers generally do whatever they want, as long as they don't hurt or kill, don't set fires, and don't beat their children very seriously, parents generally won't interfere too much in this situation.
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Generally speaking, the school stipulates that students are not allowed to bring mobile phones to school, if students bring mobile phones to school, then the teacher has the right to confiscate it, but this confiscation is only for temporary storage, and the teacher also searches for rent to contact the parents of Liang Zhaosheng in time, and return the student's mobile phone to the parents, so that it is in line with the rules and does not violate the law.
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In order for students to concentrate on their studies, teachers can temporarily keep students' mobile phones. However, it is not possible to confiscate the student's mobile phone, nor can it deliberately damage the student's private belongings.
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The mobile phone is a loss with personal valuables, and the teacher has no right to confiscate it, of course, in the school, the teacher can temporarily keep it for safety and slag study considerations, and then return it to the student himself after school.
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When a student violates the school rules, the teacher can confiscate the child's mobile phone by using the mobile phone, but the teacher will generally return the child after educating the child, because after all, it is not a cheap thing, and the teacher must have his own way.
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During class, if students play with mobile phones and do not listen to the class well, the teacher should let Jing collect the mobile phone, and it will be returned to the students after class, which is a normal phenomenon and is also responsible for the students.
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Yes, but not sabotage.
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No. A student's cell phone is personal property, and confiscation of the phone amounts to "confiscation of property". The confiscation of property is a legal act that can only be carried out by the courts or by the courts in conjunction with the public security authorities.
Teachers do not have this right. First of all, the issue of mobile phones is also a property issue, and the national law protects personal property from infringement, and schools and teachers have no right to confiscate students' mobile phones. The right of confiscation is the exclusive power of the judicial organ or administrative law enforcement agency, generally refers to the confiscation of illegal and criminal stolen goods by the judicial organ or administrative law enforcement agency, the school is not a law enforcement agency, of course, the school and the teacher do not have the right to confiscate, and the teacher cannot confiscate the student's property.
However, schools and teachers have the right to educate and manage, so schools or teachers can temporarily keep mobile phones for students, and notify parents in a timely manner, students bring Peizao mobile phones into the school violates the school rules, parents can come to the school to pick up the mobile phone, or after school, let students take their mobile phones home, and let parents supervise not to let students bring mobile phones to school. Secondly, teachers cannot destroy students' mobile phones, and the law stipulates that intentionally destroying other people's property with an amount exceeding 5,000 yuan constitutes the crime of intentional destruction of property.
Legal basis. Article 42 of the Education Law: "Persons receiving education enjoy the following rights: to file a complaint with the relevant departments if they are dissatisfied with the punishment given by the school, and to file a complaint or file a lawsuit in accordance with the law against the school or teachers for infringing on their personal rights, property rights, and other lawful rights and interests. ”
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It should be confiscated, because such students are undisciplined and very arrogant. His phone should have been confiscated and he should have been given a little warning.
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The teacher should confiscate his mobile phone because class time is used for studying, and playing with the mobile phone will affect learning.
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This must be confiscated, that is, the important moment of learning knowledge, if you are distracted at this time, then it will lead to not only mastering knowledge, but also will easily lead to regression in grades, causing a decline in academic performance.
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Legal basis: "Notice of the General Office of the Ministry of Education on Strengthening the Management of Mobile Phones for Primary and Secondary School Students" I. Limited Bringing into Campus. Schools shall inform students and parents that, in principle, they must not bring personal mobile phones into the campus.
If students do need to bring mobile phones into the campus, they must obtain the consent of the students' parents and submit a written application.
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