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If you tell him that the law doesn't allow him, what kind of defense will he have?
As a teacher, he will definitely say seriously: **Classmate, school is school, law is law, I confiscated your mobile phone for your own good, if a classmate is always looking at his mobile phone during class time, then can he concentrate on studying hard?
You can say: Teacher, I use my mobile phone to better understand the learning information and make progress with my classmates, and I can also keep in touch with my parents at any time to let them know about my learning trends. It's not easy to buy me a mobile phone at home, and my parents bought it for me to study hard.
Teacher, I promise to take my phone home and hand it over to my parents for safekeeping, and I will never take it again! Thank you, teacher!
Be sincere. ......
If he really doesn't give it to you, just pretend to cry ......
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Talk to the teacher, make a statement, the teacher will pay you back, don't worry about him, the teacher is good for you, don't make similar mistakes in the future.
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The confiscation of property is an administrative punishment, and only administrative organs have the power to impose administrative punishments. As a public institution, a school cannot become the subject of administrative punishment without the authorization of the law. The teacher is not a police officer and has no administrative enforcement powers.
In addition, the "confiscation" of the school rules will definitely be returned, it is a temporary confiscation, not the confiscation of administrative punishment, and the teacher has the right to temporarily confiscate the mobile phone. If the teacher doesn't return your phone, then you can reason with the teacher, and now you can't argue with the teacher.
The teacher is doing this for your own good, and you don't understand it when you're young. If he really doesn't pay you back, then he's too rubbish.
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Ask your parents to come over and talk about it, and it will definitely be given to you.
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Lawyer's analysis: Whether the teacher's confiscation is illegal can be distinguished from the following situations: 1. The teacher confiscated the mobile phone and handed it directly to the student's parents, so it is not considered that it actually infringes the ownership of the owner, and the act of handing it over to the parents after confiscation is not illegal.
2. After confiscating the mobile phone, the teacher promises to return it within a certain period of time. 3. The teacher will not return the mobile phone after confiscating it, and the owner can claim the legitimate rights and interests of renting his own property through the law.
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According to the provisions of the contract law, the teacher can only keep it temporarily or confiscate it at most, and cannot return your mobile phone. The school has a rule that you can't not confiscate your mobile phone, so if you can't do it, ask your parents to get it back, and you must be resolute.
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Illegal, because the student is not an adult and does not have legal responsibility, the signed agreement is invalid. It has no legal effect, and the teacher's confiscation of the mobile phone is an embezzlement of other people's property. It's also not right for students to play with their phones.
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The teacher is not confiscating your phone. He will definitely give your phone back to your guardian. You are still a student, and the main purpose is to learn from the teacher, and it is also for your own good.
It must be that you play with your phone without moderation. It's affecting your learning. Teenage years are a great time to study, don't waste your time.
Just respect the teacher's decision. When his academic performance is good, he will return it to your parents. Remember that if the young man does not work hard, the boss will be sad.
This truth must be understood.
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The phone was confiscated by the teacher, and if you do well in the next exam, the teacher will naturally give it to you as soon as he is happy.
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Either go and talk to the teacher and admit your mistakes seriously. Maybe the teacher will pay you back!
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After signing the agreement, you still have to bring it, isn't it a violation of the law? If you receive it, you will notify the parents, not that you will not give it if you receive it. If you ask a parent to collect it, it means that you still have a repentant heart.
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It is not illegal for a teacher to confiscate a mobile phone. The mobile phone is the legal movable property of the student, and he or she owns the property, and no person or agency other than law enforcement agencies has the right to possess or detain it. No one can infringe on someone else's personal property.
The school has no right to confiscate it, and the school has a rule that students are not allowed to bring mobile phones to school, but there are no regulations that can confiscate and seize mobile phones.
The consequences of a student's confiscated phone and not returning it are as follows:
1. It is an illegal act of embezzling the lawful property of others if the teacher detains the student's mobile phone for a long time for any reason and returns it after the student graduates;
2. Illegally taking possession of other people's custody, forgotten items, or buried items as one's own, and refusing to return them after asking for them, and the amount is relatively large, constitutes the crime of embezzlement. Where the sentence is up to 2 years imprisonment, short-term detention or a fine before the amount is huge, or there are other serious circumstances, the sentence is between 2 and 5 years imprisonment and a concurrent fine.
We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.
Legal basis]: Civil 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 a person does not have the right to take possession of immovable or movable property, the right holder may request the return of the original property.
To put it simply, the first paragraph should write in detail about the cause, development and process of the matter (also for the purpose of accounting for the number of words): the second paragraph should write about your own mistakes**: the third paragraph should write about your own misunderstanding: >>>More
How bold it is... Go admit your mistakes, be sincere, write a letter of guarantee or something, show that you have changed your past, and your expression is tragic, but don't be too fake... Actually, he'll be able to give you a holiday. If you really don't, go and ask for it again on the day of the holiday.
The mobile phone was confiscated by the mother, and it is not a bad thing to be old, because the mother is also good for you, she hopes that you will study hard, if you hold a mobile phone all day long and do not study, it will not be good for you at all. It seems impossible to come back, unless you communicate with him well, but it is up to him to say yes or not.
Brother suggests that you call the police directly, according to the provisions of Article 83, Paragraph 126 of the Criminal Law of our country, anyone who violently robs items without the permission of the person concerned can be convicted of robbery! If he also looks at your phone, add one more count of stealing other people's privacy! You go and tell the teacher, if your brother asks him to turn himself in and get the victim's forgiveness, he can be given a light sentence! Hey!
Write carefully. When, where, and why did you fiddle with your phone? What's the harm of violating the school's rules? What to do in the future? Humility + sincerity, the teacher will forgive you, and you will have to change it in the future.