Is it right for a teacher to accept a student s mobile phone for no reason

I don't think it's a question of right or wrong, it should be a question of the teacher's teaching method.

If you are disgusted by the teacher's approach, you can ask the class leader or other class committee members to talk to the teacher about the problem. If the teacher is stubborn, you can reluctantly accept the teacher's situation and not bring your mobile phone to class in the future; Second, you can tell your parents and let parents and teachers communicate.

It is advisable to talk to your parents about this, after all, the mobile phone is given by your parents.

Such teachers are too responsible, and I hated them when I was in junior high school and high school.

But when you go to college, every teacher ignores you and is very irresponsible, that is, as long as you go to class, he can explain it.

I especially miss my politics teacher in the third year of junior high school.

The school has school discipline It is okay not to play with mobile phones, but the teacher should return it to your living parents, I believe that he will not dare not pay it back, and if you don't pay it back, it is illegal encroachment, it is a crime! You have to be calm and rebellious, and don't be too rebellious.

Students, teachers do this for your own good. But his approach was wrong and violated the privacy of the students. You can talk to him and share your thoughts with him may improve your relationship.

Yes, it's all for your good.

No, it violates the child's right to privacy.

The teacher also hopes that you will study hard. Learn more.

When you are 30 years old, you will start to like such teachers.

After the age of 30, you will start to hate teachers who put their students' affairs aside and only think about themselves.

It depends on the school rules. The school rules do not allow you to bring it, so it is just the teacher's attitude that is serious and responsible.

The school rules don't say that you can't bring it, or the school rules say that you can bring it, then the teacher is wrong.

There is no legal ...... in this regard

Whether the act of confiscation by the division 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 459 of the Civil Code of the People's Republic of China.

If the possessor causes damage to the immovable or movable property as a result of the use of the immovable or movable property in his possession, the person in bad faith shall be liable for compensation.

The act of confiscating the mobile phone can only be determined on a case-by-case basis.

It is not illegal for teachers to confiscate mobile phones and hand them over directly to students' parents. After confiscating the mobile phone, the teacher guarantees to return it within a certain period of time, which is not illegal. It is illegal for teachers to confiscate mobile phones and not return them.

Article 114 of the Civil Code: Civil subjects enjoy property rights in accordance with law.

Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Whether a teacher's act of confiscating a student's mobile phone is illegal can be distinguished from the following situations:

1. If the teacher confiscates the mobile phone and hands it over directly to the student's parents, in this case, the teacher is based on the management of the student, and does not consider that it actually infringes the owner's ownership rights and is not illegal;

2. It is not illegal for a teacher to confiscate a mobile phone and promise to return it within a certain period of time, but if the time limit for returning the mobile phone is too long, or the owner insists on disagreeing, and the teacher still takes possession of the mobile phone, it may constitute an infringement of the owner's right to possession and disposal;

3. The teacher will not return the mobile phone after confiscating it, and the teacher's behavior has actually violated the owner's right to possess and dispose of it, and if the teacher refuses to return it, the owner can claim his legitimate rights and interests through the law.

Civil Code of the People's Republic of China

Article 236.

Where the real right is obstructed or may be obstructed, the right holder may request that the obstruction be removed or the danger eliminated. Article 267.

The lawful property of private individuals is protected by law, and no organization or individual is prohibited from encroaching, looting, or destroying it.

According to the provisions of the Civil Code of the People's Republic of China, the lawful property of private individuals is protected by law, and any organization or individual is prohibited from encroaching, looting or destroying it.

The student's mobile phone belongs to the student's legal property, and the teacher's act of directly confiscating the student's mobile phone actually encroaches on the student's legal property and is an illegal act.

Applicable Law

Constitution of the People's Republic of China

Article 13: Citizens' lawful private property shall not be infringed upon.

The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law.

The State may, in accordance with the provisions of law, expropriate or expropriate citizens' private property and compensate them for the needs of the public interest.

Civil Code of the People's Republic of China

Article 267:The lawful property of private individuals is protected by law, and it is prohibited for any organization or individual to embezzle, plunder, or destroy it.

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 directly hands it over to the student's parentsIn this case, the teacher is based on the management of the student, although the confiscation of the mobile phone temporarily makes the owner lose the possession and disposition of the property, but because the teacher handed it over to the owner's parents, and the relationship between the owner and his parents is extremely close, it is not considered that it actually infringes the owner's ownership, so the act of handing it over to the parents after confiscation is not considered to be an actual infringement of the owner's ownership. It's not illegal.

The act of confiscating the mobile phone needs to be confirmed on a case-by-case basis.

It is not illegal for teachers to confiscate mobile phones and hand them over directly to students' parents. After confiscating the mobile phone, the teacher guarantees to return it within a certain period of time, which is not illegal. It is illegal for teachers to confiscate mobile phones and not return them.

Article 100 of the Civil Code, as early as 14, civil subjects enjoy property rights in accordance with law.

The right in rem is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct and security rights.

It depends. 1. It is not illegal for teachers to confiscate mobile phones and hand them over directly to students' parents 2. Teachers promise to return them within a certain period of time after confiscating them. If the teacher is adamant that he or she does not return the owner, he or she can hand over the phone to his parents. 3. The teacher will not return the mobile phone after confiscating it, and the teacher's behavior has actually violated the owner's right to possess and dispose of it, which is illegal, and if the teacher refuses to return it, the owner can claim his legitimate rights and interests through the law.

Legal basis: Article 267 of the Civil Code of the People's Republic of China The lawful property of private individuals is protected by law, and it is forbidden for any organization or individual to embezzle, loot or destroy it.