In order to implement the fundamental task of educating people with morality, guarantee and standardize teachers' responsibilities of educating and managing students according to law, safeguard the dignity of teachers' morality, and promote students' all-round development and healthy growth, according to the education law, the teacher law, the law on the protection of minors and other laws and regulations, after full investigation and extensive consultation, our department has studied and formulated the Detailed Rules for the Implementation of Education Punishment for Primary and Secondary School Teachers (draft for comments). We are now open to the public for comments, and the public can give feedback through the following ways and means:
1. Log on to the Legal Information Network of China Municipal Government (website: www.chinalaw.gov.cn) and enter the column of "Solicitation of Legislative Opinions" in the main menu of the home page to express your opinions.
2. Send the consultation letter to the Judicial Office of the Policy and Regulation Department of the Ministry of Education, No.35 Damucang Hutong, Xicheng District, Beijing (postal code: 1008 16). Please indicate in your letter the words "Detailed Rules for the Implementation of Education and Punishment for Primary and Secondary School Teachers for Comments".
3. Email the comments to :fzb@moe.edu.cn.
The deadline for feedback is 2065438+February 22nd, 2009.
Ministry of Education
2019165438+1October 22nd
The full text of Disciplinary Rules for Primary and Secondary School Teachers' Education (Draft for Comment):
Article 1 (Purpose Basis) These Rules are formulated in accordance with the Education Law, the Teachers Law, the Protection of Minors Law and other laws in order to implement the fundamental task of moral education, guarantee and standardize teachers' responsibilities of educating and managing students according to law, safeguard teachers' dignity and promote students' all-round development and healthy growth.
Article 2 (Scope of Application) These Rules are applicable to teachers' disciplinary actions against students in ordinary primary and secondary schools, secondary vocational schools and special education schools (hereinafter referred to as schools).
Article 3 (Definition of Concepts) The term "educational punishment" as mentioned in these Rules means that teachers and schools stop, restrain or correct students who violate discipline and discipline and misbehave in a specific way based on educational purposes and needs, so that students can learn from them and understand and correct their wrong job behaviors.
Educational punishment is the necessary means and legal authority for teachers to perform their educational and teaching duties.
Article 4 (Requirements of Responsibilities) Teachers shall criticize and educate students who violate the student code, school rules and regulations, social order and good customs, laws and regulations, or have other behaviors that hinder normal teaching activities and are harmful to students' physical and mental health, and may give appropriate punishment as appropriate.
Education administrative departments and schools should support teachers to correctly exercise their right to education and punishment, and stop words and deeds that are harmful to students or infringe upon their legitimate rights and interests.
Article 5 (Principles of Implementation) The following principles shall be observed in the implementation of educational punishment:
(1) Education orientation. We should aim at caring for students and conforming to the law of educating people, so as to educate students to abide by the rules, strengthen self-discipline and reform.
(2) legal compliance. Should be based on the rules published in advance, respect the basic rights and personal dignity of students, follow the principle of rule of law, due process, objective and fair.
(3) The punishment is appropriate. Appropriate disciplinary measures should be chosen according to students' gender, age, personality characteristics, physical and mental characteristics, cognitive level, consistent performance, fault nature, repentance attitude, etc., in order to achieve the best educational effect.
(4) Ensure safety. It is necessary to understand students' behavioral motives in advance, judge the nature of behavior, pay attention to the safety of methods, places and environments, and guard against possible risks.
Article 6 (General Punishment) In classroom teaching and daily management, teachers may take the following measures to educate and punish students on the spot according to their disciplinary actions:
(1) criticize by name;
(two) ordered to apologize, make an oral or written review;
(3) Appropriate increase in exercise requirements;
(four) standing in the classroom or on the wall to reflect on no more than one class teaching time;
(5) temporarily detaining articles carried by students who violate discipline, disturb order or violate regulations;
(6) Stay in school to teach after class;
(seven) other appropriate measures stipulated by the school rules.
If students disturb the classroom or teaching order, affect others or may cause harm to others, teachers may take necessary measures to take students away from the classroom or teaching site and temporarily isolate them.
After the implementation of the measures mentioned in the preceding paragraph, the teacher shall inform the parents or other guardians of the students (hereinafter referred to as parents) in an appropriate way as appropriate, and ask the parents to jointly do a good job in educating the students.
Article 7 (Severe Punishment) If a student violates the school rules and discipline, and the circumstances are serious or refuses to correct after on-site education and punishment, the teacher may, with the consent of the person in charge of moral education in the school, implement the following educational and disciplinary measures and notify the parents:
Suspend or restrict students' participation in hiking, social practice and other extracurricular group activities;
(two) to undertake the public service tasks of the school;
(3) The person in charge of school moral education shall take disciplinary action against the students;
(four) in the special education places set up by the school, isolate, reflect on or accept special education related to school rules and regulations and codes of conduct;
(5) require parents to accompany them to school;
(six) other appropriate measures stipulated by the school rules.
Article 8 (Severe Punishment) If a student violates discipline and discipline, misbehaves, refuses to change after repeated education, or seriously affects the order of education and teaching, or has bad circumstances such as bullying classmates, insulting and beating teachers, the teacher shall ask the school to take the following measures for education and punishment:
(a) give no more than a week of suspension or suspension from school, and ask parents to bring back the education;
(two) by the vice president of the rule of law or the rule of law counselor to be admonished;
(three) to arrange special educational places for counseling and correction by professionals;
(four) change the educational environment or transfer within a time limit;
(five) other appropriate measures stipulated by the school rules.
For students who seriously violate the rules and regulations, or fail to make corrections after education and punishment, the school may give disciplinary sanctions such as warning, demerit recording and detention. For high school students, they can also be given disciplinary sanctions such as being ordered to drop out of school or expelled from school.
If a student's behavior is suspected of violating the law or committing a crime, the school shall transfer it to judicial organs for handling. Schools may, in accordance with legal procedures, suggest that students who have serious bad behavior or have not been punished by administrative or criminal punishment for illegal or minor crimes be transferred to special schools for education and correction.
Article 9 (Compulsory Measures) If a teacher discovers that a student is carrying or using illegal or illegal dangerous goods, he shall stop, detain and notify his parents. If the situation is serious, it shall be reported to the school. The illegal articles detained shall be returned to the parents of students at an appropriate time. Illegal and dangerous goods shall be confiscated or reported to the public security organs, safety production management departments and other relevant departments for handling according to law.
Teachers find that students' behavior is dangerous and should take necessary measures to stop it; Students will be ordered to hand over or check their desks and lockers if they are found hiding illegal items.
If a student's behavior damages public property or other people's articles, it shall be restored to the original state or compensated according to law.
Article 10 (Formulation of School Rules) Schools shall formulate and improve school rules and disciplines according to law, and clarify the specific circumstances and rules for teachers to implement student management and education punishment.
When formulating school rules and regulations, schools should solicit the opinions of faculty, students and parents. School rules and regulations shall be submitted to the parents' committee, the staff congress and the principal's office meeting for deliberation and implementation, and reported to the competent education department for the record.
Schools may, in combination with the actual situation of the school, stipulate other appropriate educational disciplinary measures other than these rules in the school rules and regulations, but should conduct risk assessment and legality review, and listen to the opinions of the vice president of the rule of law, legal advisers and experts; Conditional, can organize a hearing.
Article 11 (Enforcement of School Rules) School rules and regulations shall be published, and those that have not been published shall not be implemented. Schools should make use of entrance education and other appropriate means to publicize and explain school rules and regulations to students and parents.
Schools may, according to the situation, establish organizations such as the school rules and regulations executive committee, with the participation of teachers, students, parents and relevant representatives from all walks of life, and be responsible for discussing and deciding the educational disciplinary measures that can be taken, supervising the implementation of teachers' educational disciplinary rights, and carrying out relevant publicity and education.
If the school intends to implement the educational disciplinary measures listed in Article 8 of these Rules, it shall listen to the students' statements and arguments and hold a hearing when necessary.
Article 12 (Measures to Help and Teach) Teachers should pay attention to communication and help with students and the unity of punishment and educational effect after imposing educational punishment on students.
According to the actual situation and needs, the school can establish a counseling mechanism for students' education and protection, and a counseling group is composed of the person in charge of the school, the person in charge of the student work organization, teachers, the vice president of the rule of law (counselors), and judicial, psychological and social work professionals to provide special counseling and correction for students with bad behavior.
For students who have serious bad behavior or constitute a crime but have not been criminally punished, the school should cooperate with the public security organs and procuratorial organs to discipline and help, and ask parents to cooperate.
Article 13 (Prohibition) Teachers shall not commit any of the following acts in the process of education, teaching management and education discipline education:
(1) Corporal punishment that directly causes physical pain by beating or stabbing. ;
(2) corporal punishment in disguised form that indirectly harms the body and mind, such as making the penalty stand beyond the normal limit, copying repeatedly, and forcibly making uncomfortable movements or postures;
(three) abusive or derogatory behavior that violates the personal dignity of students with discriminatory and insulting words and deeds;
(4) Punishing all students for individual or minority violations;
(five) because of personal feelings or likes and dislikes, arbitrary or selective punishment;
(six) other acts that infringe on the basic rights of students or insult personal dignity.
Article 14 (Teachers' Rights and Responsibilities) Teachers correctly carry out educational punishment. If students suffer physical and mental damage due to accidents or students' own factors, schools shall not punish teachers or deal with them in other unfavorable ways.
If a teacher violates Article 13 of these Rules and the circumstances are minor, the school shall criticize and educate him; If the circumstances are serious, it shall be punished according to law; For students who have caused physical injury due to gross negligence, the school can recover from the teachers after assuming the relevant compensation and other responsibilities.
Article 15 (Parental Responsibility) Parents shall perform their educational duties for their children, respect teachers' educational rights, and cooperate with teachers in educating students who violate rules and regulations and behave improperly.
If parents have objections to the teacher's education and punishment, the school should guide parents to express their demands reasonably through proper channels; If teachers are threatened, insulted or harmed, the school education department shall protect their personal safety, safeguard their legitimate rights and interests, and support or investigate their legal responsibilities on their behalf.
Article 16 (Disciplining) If a student can sincerely admit his mistake and actively correct it after being punished or punished by education as stipulated in Article 8 of these Detailed Rules, the school may remove the punishment in advance.
If a student is punished or expelled from education, his rights and interests to receive commendation and awards shall be restored.
Article 17 (Complaints in Schools) Students and their parents may lodge complaints if they are not satisfied with the educational sanctions imposed by teachers or the disciplinary sanctions imposed by schools in Articles 7 and 8.
The school shall set up a student appeal committee composed of relevant school leaders, teachers, students, parents' committees, vice presidents of the rule of law and other off-campus representatives, to accept student appeal applications and organize review. Schools should make clear the personnel composition, acceptance scope and handling procedures of the student appeal committee, and make it known to students and parents.
The student appeal committee shall conduct a comprehensive review of the facts and reasons of the student appeal, and make a decision to maintain, change or revoke the original disciplinary action or treatment measures.
Article 18 (Remedies) Students or parents who are dissatisfied with the decision on handling students' complaints may apply to the competent education department of the school for review.
Article 19 (Guidance and Supervision) Schools should strengthen the guidance and supervision of teachers' educational and disciplinary actions, take measures to improve teachers' awareness and ability to correctly perform their functions and powers, and bring them into the category of teacher ethics assessment. At the end of each semester, the school shall report the information that students are punished by education listed in Article 8 to the competent education department for the record.
Article 20 (Implementation Date) These Measures shall come into force as of the date of promulgation. All localities may, in light of local conditions, formulate local regulations or guide schools to formulate detailed rules.
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