1. According to the law, the Law on the Protection of Minors, the Law on Education and the Law on Teachers of People's Republic of China (PRC) stipulate that it is illegal to confiscate students' mobile phones for more than three days without returning them. According to the law, no one may infringe on the personal property of others. Students enjoy legal property rights to personal items such as mobile phones, and no organization or individual may arbitrarily deprive them. Confiscation or withholding, destruction of students' property, fines, etc. Relevant laws expressly stipulate that no one may infringe upon the personal property of others. The school has no right to confiscate it. Although the school is a public school, it can only be a school and can never be a law enforcement unit. And some schools have regulations that teachers can confiscate them. This provision violates the law and is illegal. It should be abolished as usual.

It's impossible to get it back from the teacher. It is recommended to consult with parents and the school. I believe the school will pay it back. Although it is theoretically possible to bring a lawsuit to the court, I am afraid such a thing is not enough. If you think the relevant regulations of the school are unreasonable, it is recommended that you or your parents communicate with the school or the higher education department.

The confiscation of mobile phones by teachers can be handled in the following situations:

1, the parties have the right to demand the restoration and return of the property from the individuals and institutions that encroach on the legitimate property of the parties;

2. The school stipulates that students are not allowed to bring their mobile phones to school, but it does not stipulate that teachers can confiscate and detain mobile phones;

3. The mobile phone is the legal movable property of the party concerned, and the party concerned has the ownership of the item, and no individual or organ has the right to possess or detain it except the law enforcement organ.

To sum up, teachers have no right to confiscate students' mobile phones, but they can manage students' mobile phones during class, and students can't bring them into the classroom during class, which is good for students' study, so teachers have no right to confiscate mobile phones, but they have the right to manage them during class.

Legal basis:

Article 240th of the Civil Code of People's Republic of China (PRC)

The owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law.

Article 24 1

The owner has the right to establish usufructuary right and security right on his own real estate or movable property. When exercising their rights, the usufructuary right holder and the security right holder shall not harm the rights and interests of the owner.

Article 242

No organization or individual may acquire ownership of immovable property and movable property exclusively owned by the state according to the law.