The mobile phone was confiscated by the teacher Is it illegal for the teacher 10

In the same mood as you, my phone was confiscated. I don't dare to say ......It seems that if you return it, you won't break the law. Alas......If you go to the police, they won't care.

This kind of thing is normal.,I've also been accepted.,You apologize in the past.,Have a better attitude.,Find some excuse to say that the phone is a relative or a friend's, he wants me to pay it back, etc.,I think basically I'll pay you back.,It's really not a way.,Just wait until the end of the semester.,This kind of thing is also illegal.,But in reality, there are a lot of them.。

It's normal, just like our school is very depressed.

It can be said that it completely restricts personal freedom, but there is no way.

Just like there are many colleges where you can't get married on campus.

She doesn't have the right to confiscate your phone. She has no right to confiscate. You can play ruthlessly, and when you get the phone back at the end of the term, you will say that there are many broken places, and ask her to lose money, and usually admit that the teacher will give it. There are also some grandchildren, and she doesn't give them how to admit their mistakes. `

There's nothing illegal, and you won't care if you go to the police. This kind of thing is normal, I have also been accepted, you go to apologize, have a better attitude, find some excuse to say that the mobile phone is a relative's or a friend's, he wants me to return it and wait, I think basically I will pay you back, I really can't help it, just wait until the end of the period.

If the teacher violates the law, she has no right to confiscate your phone. She has no right to confiscate. You can play ruthlessly, and when you get the phone back at the end of the term, you will say that there are many broken places, and ask her to lose money, and usually admit that the teacher will give it. There are also some grandchildren, and she doesn't give them how to admit their mistakes. `

I don't know how old you are, if you are over 16 years old, then he has no right to confiscate your phone

If you are not 16 years old, then you should wait until the end of the semester, and if you have a good attitude, you will admit your mistake to the teacher, and he will still replace you.

This kind of thing is said to be illegal, but in reality there are a lot of them.

It's normal, just like our school is very depressed.

It can be said that it completely restricts personal freedom, but there is no way.

Just like there are many colleges where you can't get married on campus.

It was your private property then! He has no right to confiscate! If you forcibly confiscate it, you want him to give you a receipt! Return at the end of the term! Compensation in case of damage.

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.

Legal analysis: The standard for filing a case for the crime of fraud varies from province to province, ranging from 3,000 yuan to more than 10,000 yuan. The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" provides:

Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, a difference of 30,000 to 100,000 RMB, or 500,000 RMB, it shall be found to be a relatively large amount and a huge amount or especially huge amount as provided for in Criminal Law article 266. That is, if the amount of fraud reaches 3,000 yuan, the case can be filed for prosecution. The Sichuan Provincial High People's Court's Notice on Determining the Enforcement Standards for the Specific Amount of Fraud Crimes in Sichuan Province stipulates that if the value of public or private property defrauded is more than 5,000 yuan, it is "a relatively large amount"; where it is more than 50,000 yuan, it is a "huge amount"; If it is more than 500,000 yuan, it is guessed that the amount is "particularly huge".

That is, the standard for filing a case for fraud in Sichuan Province is 5,000 yuan.

Legal basis: "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" Where public or private property is valued at 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be "a relatively large amount" and "a huge amount" or "especially huge amount" as provided for in Criminal Law article 266.

Legal analysis: It is illegal for a teacher to confiscate a student's mobile phone, and a school teacher is not a law enforcement agency and has no right to confiscate private property. Students have the right to demand the restitution and restitution of property from individuals and authorities (other than law enforcement agencies) who have violated legal property.

However, it is not illegal for teachers to confiscate mobile phones and hand them over directly to students' parents.

Legal basis: Civil Code of the People's Republic of China

Article 235:Where there is no right to possess immovable or movable property, the person whose right is buried may request the return of the original property.

Article 240 The owner shall have the right to occupy, use, benefit from and dispose of his own immovable or movable property in accordance with law.

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 was illegal, although the confiscation of the mobile phone temporarily made the owner of the sedan car lose possession and disposal of the property, the teacher handed it over to the owner's parents, so it is not considered infringement.

Legal basis: Civil Code of the People's Republic of China

Article 1167:Where the infringing act endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear responsibility for the infringement to stop the infringement, remove the obstruction, eliminate the danger, and so forth.

Legal analysis: It is illegal for a teacher to confiscate a student's mobile phone, and the teacher is not a law enforcement agency and has no right to confiscate private property. Students have the right to demand restitution and restitution of property from individuals and authorities (other than law enforcement agencies) who have violated legal property.

However, it is not illegal for teachers to confiscate mobile phones and hand them over directly to students' parents.

Legal basis: Civil Code of the People's Republic of China

Article 235:Where there is no right to possess immovable or movable property, the right holder may request the return of the original property.

Article 2: Article 140 The owner shall enjoy the right to possess, use, benefit from and dispose of his immovable or movable property in accordance with law.

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 confiscate mobile phones and promise to return them within a certain period of time after carefully distributing the letters.

This is the most common method, generally speaking, it is said to return the phone after the examination, but if the time limit for restitution is too long, or the owner insists on disagreeing, and the teacher is still in possession of the phone, it may constitute an infringement of the owner's rights and interests in 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 and give the phone to his parents.

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. According to the provisions of the Civil Code of the People's Republic of China, if there is no right to occupy the immovable or movable property, the right holder may request the return of the original property; Secondly, according to the provisions of the Compulsory Education Law of the People's Republic of China, teachers shall not infringe upon the legitimate rights and interests of students in education and teaching, and the rights in the Civil Code of the People's Republic of China are legal rights.

Legal basis

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

Article 29 of the Compulsory Education Law of the People's Republic of China: Teachers shall treat students equally in education and teaching, pay attention to students' individual differences, teach students in accordance with their aptitude, and promote the full development of students.