Current location - Education and Training Encyclopedia - Educational Knowledge - Is it illegal for the class teacher to pay a fine for handover?
Is it illegal for the class teacher to pay a fine for handover?
First, is it illegal for the class teacher to pay the shift fee fine?

1, it is illegal for the class teacher to pay the shift fee. Teachers are not civil servants of administrative organs, nor are they personnel of agencies entrusted with law enforcement, and they have no right to impose administrative penalties on students with fines. Teachers are not representatives of the legislature, and they have no right to set fines.

2. Legal basis: Article 17 of the Administrative Punishment Law of the People's Republic of China.

Administrative punishment shall be implemented by administrative organs with the power of administrative punishment within the scope of statutory functions and powers.

Article 18

The state promotes the establishment of a comprehensive administrative law enforcement system in urban management, market supervision, ecological environment, cultural market, transportation, emergency management, agriculture and other fields, and relatively centralizes the power of administrative punishment.

The State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide that an administrative organ shall exercise the power of administrative punishment of the relevant administrative organs.

The power of administrative punishment to restrict personal freedom can only be exercised by public security organs and other organs prescribed by law.

Article 78 of the Education Law of the People's Republic of China

Schools and other educational institutions that collect fees from educatees in violation of relevant state regulations shall be ordered by the administrative department of education to refund the fees collected; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Second, is it illegal for teachers to smash students' mobile phones?

It is illegal for a teacher to break a student's mobile phone, which is a deliberate act of destroying property. Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. Whoever intentionally destroys public or private property, if the amount is huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. In addition, if the intentional destruction of other people's property constitutes a crime, it will also bear civil liability for compensation.