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From a legal point of view, a fine is an administrative punishment, and since a fine is an administrative punishment, the setting and implementation of fines must be based on the Administrative Punishment Law of the People's Republic of China, and cannot violate the provisions of the law.
Article 15 of the Administrative Punishment Law stipulates that "administrative punishment shall be imposed by the administrative organ with the power of administrative punishment within the scope of its statutory authority", and the teacher is only a corporate legal person or unincorporated organization, not an administrative organ, so he has no right to carry out any administrative punishment including fines.
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You can't do it if you have a legal basis, because the school will have all kinds of reasons to shirk responsibility. Fines are mainly for not making mistakes, we used to be in high school, and it was not okay to punish sweeping the floor or anything, and the fines were disciplined, and everything was good, and the fines should also be accompanied by a reward system, and the money from the fines was rewarded for good performance.
As far as the law is concerned, you teachers do not have the right to fine, but if the school rules stipulate that you can be fined, then he is not breaking the law......
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The teacher fined him because he thought the salary was low, and as a parent, it was better to fine than to physically punish his own children; As a student, despise these teachers who have no work ethic. My teacher once said: The professional ethics of a teacher is to never get tired of talking, and the sorrow of a student's life is to never get tired of listening.
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It is necessary to punish those students who misbehave.
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Go to the Education Bureau and sue him for calling a few buddies at night to call him to the hospital.
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Affirmation of violations, fines are a form of administrative punishment, and teachers do not have the authority to impose administrative punishments.
In September 1994, the State Education Commission issued a series of documents, including the "Notice on Further Improving the Work of Collecting School Fees," reiterating that the items and standards of school fees should be strictly carried out in accordance with the examination and approval authority, and explicitly prohibiting the fines imposed on students. In addition, the Education Law stipulates the legal liability of those who indiscriminately impose fines: Article 78 of the Law stipulates that "any person who collects fees from the educated in violation of State regulations shall be refunded by the education administrative department; The person in charge and other persons directly responsible shall be given administrative sanctions in accordance with law".
School fines have increased the financial burden on students and stiffened the relationship between teachers and students, and more importantly, this kind of rigid education method of using fines as a substitute for management cannot convince students, but is prone to lead to money worship tendencies, which is contrary to the original intention of education and should be stopped immediately. If the teacher imposes a fine, the student can file a complaint with the school or the relevant administrative authority.
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Article 3 of the "Administrative Punishment Law" stipulates that citizens, legal persons or other organizations shall be given administrative punishments for violations of administrative management order, and they shall be provided for by laws, regulations or rules in accordance with this Law, and shall be implemented by administrative organs in accordance with the procedures provided for in this Law. Where there is no legally-prescribed basis or legally-prescribed procedures are not followed, the administrative punishment is invalid. Teachers or schools are not administrative organs and have no power to punish, and their punishment has no legal basis and is therefore illegal.
In accordance with the provisions of the law, administrative penalties must be carried out by administrative organs in accordance with specific legal provisions. The school is not an administrative agency, the teacher is not a law enforcement officer, and there is no legal basis for its punishment, and the teacher's fine violates the rights and interests of the student, you can complain to the Education Bureau to request that the teacher's illegal behavior be corrected and the full amount of the fine will be refunded.
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It is illegal for a teacher to fine a student money, which is an act of the teacher violating the student's property rights. In accordance with the Education Act
Article 30: Schools and other educational institutions shall perform the following obligations:
3) Safeguard the lawful rights and interests of the educated, teachers, and other employees.
The legitimate rights and interests of students include students' property rights, and the acts of schools and teachers that infringe on students' property rights mainly include damage to students' property, confiscation of students' property, arbitrary fines, arbitrary fees, etc.
"Fine" is an administrative penalty measure, only the normative documents above the departmental rules have the right to establish, there is no statutory basis or do not comply with the legal procedures, the administrative punishment is invalid.
Problems with fines:
Fines add to the financial burden on students' families. Students are not producers, and all their expenses are provided by their parents. If the fine is not much, the children may save from their own living expenses, pocket money;
If the fine is excessive, the child must tell the parent, which is actually a fine for the parent. Some children who dare not tell their parents are caught in a "dilemma", which may have bad consequences, or because of lack of money, they may affect their lives, or even be forced to do immoral things. For children from wealthy families, it can be counterproductive.
The problem of school teachers imposing fines on students occurs from time to time, reflecting the low quality of some educators, the lack of education, and the fact that they do not understand either national laws or educational science, and at the same time, because the education department has a tolerant attitude towards this, always emphasizing that the teacher "has a good starting point" and "is a good teacher who is serious and responsible", and so on, reflecting the embarrassing situation in some places that only care about education but do not understand education.
The above content refers to Xinhuanet-All schools should stop fines for students.
The above content refers to Encyclopedia - Education Law of the People's Republic of China.
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Legal Analysis: No, the school has the right to give warnings, serious warnings, demerits, major demerits, and other punishments to teachers who make mistakes; Teachers suspected of committing crimes may also be handed over to the judicial department for handling in accordance with the law. But the school does not have the power to impose fines because the school is not a law enforcement agency.
1. The school is not a state organ and does not have the power of administrative punishment. 2. Fines can only be made by state organs in accordance with the law, and the school is only a social institution that conducts education and management for students, and has no right to make decisions on fines for students.
Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 15: Administrative punishments are to be carried out by administrative organs with administrative punishment powers within the scope of their statutory authority.
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It is illegal for a teacher to fine a student money. Because China's laws and regulations on the protection of minors stipulate that if a teacher fines a student money, the education administrative department or other relevant departments will order him to make corrections. and where the circumstances are serious, the directly responsible managers and responsible personnel will be sanctioned.
If a teacher or staff member fines a minor, disguised corporal punishment or humiliating behavior, the unit will order him to make corrections. If the circumstances are serious, they will also be punished.
Article 37 of the Teachers Law: In any of the following circumstances, teachers are to be given administrative sanctions or dismissed by their schools, other educational establishments, or administrative departments for education. (1) Intentionally not completing education and teaching tasks, causing losses to education and teaching work; (2) Corporal punishment of students, and refusal to change after education; (3) Bad conduct, insulting and insulting students, and having a heinous impact. Where teachers have any of the circumstances listed in items (2) and (3) of the preceding paragraph, and the circumstances are serious and constitute a crime, criminal responsibility is to be pursued in accordance with law.
No. There is no rule, the student does not get good grades, and the teacher is fine.
First of all, I think that this situation can be said to be a violation of the law, because the teacher has violated the law by fining the student, because the teacher has no right to fine and has no right to impose a penalty, so it is not right to fine the fine, not to mention that it is even more wrong to use the fine as the class fee, because the fine must be handed over to the school finance, and finally handed over to the finance, and the teacher himself has no right to only pay the fine, so it is illegal to act as a class fee.
The person who stuffs money into the teacher just wants to undermine the fairness, go through the back door, and they should be **, and they can't be left alone.
As the old saying goes, there are leftover men and no leftover women, and now there are a lot of leftover women, and there are many leftover men, all of whom have their own conditions, there are many only children in Beijing, some girls, some are looking for outsiders, big bosses who open companies, and foreigners, so the young men in Beijing are not so easy to find, you can also find the suburbs before, and now the conditions of girls in the suburbs are also quite high. Young people are assigned jobs, so their conditions are also high, Beijing guys, don't want to find outsiders, because foreign girls want too much dowry, in fact, 100,000 200,000 families can get out, just don't want to get used to their problems, this is a young man, personally told me, Beijing people look for Beijing people, to have less dowry, engagement 11100, is one in a million, when married, the man to the woman, 999 is the long time, the man to the girl also to marry how much, because Beijing has more only children,: Parents have jobs, good conditions, some of the marriage also give the house to the car, but there are also leftover daughters, I know a few fat girls are not easy to find, a few years ago, my son colleague, want to tell my son, he - a cousin, fat family has seven sets of buildings only child, his father saw my son is also very satisfied, but my son thinks she is fat, colleagues have done him work for several days, no success, Beijing, the young man is also picky.
Children's learning, in terms of school learning alone, will have a great impact on the children themselves, parents, and the school. In general, in primary school, children are mainly influenced by the people around them, and at this time, family education and school education are mainly responsible for children's learning. In terms of a person's growth, they are interlinked. >>>More