Concept of educational laws and regulations
education act
Starting from the broad legal concept, the concept of education law can generally refer to all documents formulated and issued by state power organs to regulate educational activities. Starting from the narrow legal concept, the education law is a document formulated by the national legislature according to the Constitution to regulate educational activities. The concept of education law in this book refers to the narrow sense of education law, that is, the documents formulated by the national legislature according to the Constitution to regulate educational activities.
(2) Education laws and regulations
Starting from the broad concept of laws and regulations, educational laws and regulations refer to the general name of laws, decrees, regulations, rules and other normative documents related to education formulated by state organs of political power and ensuring their implementation. Starting from the narrow concept of laws and regulations, the concept of educational laws and regulations refers to the documents formulated and issued by the state administrative organs and local power organs outside the state legislature to regulate educational activities. The concept of educational laws and regulations adopted in this book is based on the educational administrative laws and regulations formulated by the State Council and local governments, and the normative documents formulated by the national educational administrative departments are also included in the scope of educational laws and regulations.
(3) Education policy
Educational policy is a branch of policy, and it is an educational strategy, policy and code of action determined by the party and the state to complete the tasks in a certain historical period. Education policy is an important part of national policy. After the reform and opening-up, the Party has formulated important education policies, including the Decision on the Reform of Education System (1985), the Outline of Education Reform and Development in China (1993), the Decision on Deepening Education Reform and Promoting Quality Education in an All-round Way (1999) and the Outline of National Medium and Long-term Education Reform and Development Plan.
Teachers' rights and obligations
General rights of teachers
(1) Teachers' personal rights include life, health and personal freedom.
(2) Teachers' personality rights include the rights related to personal dignity, such as name, reputation, honor, portrait and privacy.
2. Teachers' professional rights
According to the content of the Teacher Law, the rights of teachers can be summarized as the following aspects:
(1) Carry out educational and teaching activities, and carry out educational and teaching reforms and experiments;
(2) engaging in scientific research and academic exchanges, participating in professional academic groups, and fully expressing opinions in academic activities;
(three) to guide students' learning and development, and to evaluate students' conduct and academic performance;
(4) receive wages on time, enjoy welfare benefits stipulated by the state and paid vacations in winter and summer vacations;
(five) to put forward opinions and suggestions on the work of the education, teaching, management and education administrative departments of the school, and to participate in the democratic management of the school through the staff congress or other forms;
(6) Attend advanced studies or other forms of training.
3. Teachers' obligations
According to the contents of the Teachers Law, teachers' obligations can be summarized as the following aspects:
(1) Abide by the Constitution, laws and professional ethics, and be a teacher.
(2) Carry out the national education policy, abide by the rules and regulations, implement the school teaching plan, fulfill the teacher employment contract, and complete the education and teaching tasks.
(3) Educating students in the basic principles set by the Constitution, patriotism, national unity, legal education, ideological and moral education, culture, science and technology, and organizing and leading students to carry out beneficial social activities.
(4) Caring and caring for all students, respecting students' personality and promoting students' all-round development in morality, intelligence and physique.
(five) to stop acts harmful to students or other acts that infringe on the legitimate rights and interests of students, and to criticize and resist phenomena harmful to the healthy growth of students.
(6) Constantly improve the ideological and political consciousness and the professional level of education and teaching.
Protecting students' rights in education and teaching activities
1. Respect students' right to education.
The right to education is a basic right of citizens. Teachers should improve their legal awareness and not arbitrarily deprive students of their right to education.
2. Respect students' right to health.
The right to physical health is a right enjoyed by citizens according to law and an important content of students' personal rights. Teachers are not allowed to impose corporal punishment on minors, corporal punishment in disguised form or instruct others to violate students' personal safety.
3. Respect students' right to personal dignity.
Some teachers often do not pay attention to the personal dignity rights of underage students, and violations of students' personal rights occur from time to time, which will cause great harm to students' minds.
4. Respect students' personal freedom.
Personal freedom is inviolable, which is the minimum and most basic right of citizens and the premise for citizens to participate in various social activities and enjoy other rights. Teachers should protect students' personal freedom.
5. Respect students' right to privacy.
The nature of teachers' work requires a comprehensive understanding of students' personal situation, so that students' privacy may be violated intentionally or unintentionally. With the development of legal system construction and the enhancement of people's legal consciousness, teachers should know the law, what belongs to students' privacy and how to treat students' privacy.