The teacher's confiscation of your mobile phone violates four national laws, namely, the Property Law, the Education Law, the Teachers Law and the Law on the Protection of Minors.

1. Article 2, paragraph 3 and Article 4 of the Property Law stipulate that the mobile phone is your legal movable property, and you have the ownership of the item, and no individual or organ (except law enforcement organs) has the right to possess or detain it.

Articles 34 and 35 of the Property Law: You have the right to ask individuals and organs (except law enforcement organs) to restore and return your lawful property.

Third, 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. Because the property law clearly stipulates that no one may infringe on the personal property of others, the school has no right to confiscate it. Although individual schools are public schools, schools can only be schools and can never become law enforcement units. Some schools stipulate that teachers can confiscate it, which conflicts with the law and is illegal. It should be abolished as usual.

Four: The Teachers Law has no power to "confiscate or detain students' property". Moreover, the Law on the Protection of Minors, the Law on Teachers and the Law on Education stipulate that the legitimate rights of students shall not be infringed. The rights in the Property Law are legal rights.

In other words, in this way, teachers not only violate the property law, but also violate the legitimate rights of students. Not only can you get your mobile phone back, but you can also sue the teacher for these four charges in court.

In addition, the property law also stipulates that if property is lost in it, the infringer can also be required to make compensation, such as the decline in the price of mobile phones.

It's time for us to take up legal weapons to defend ourselves. These animals that offer rewards and honors will drain us of everything!

Because we are human beings, we should also have freedom!

Confiscate? It's strange not to scold her to death.

What are you afraid of? The teacher dare not hit you. If she does, you fight back. It's self-defense. You can also sue him.

What if parents come to help the teacher? If it is a big deal, even parents will sue.

Help the teacher without asking why. Am I your son or is the teacher your son?

Kicked out for a few days at most. Don't worry, my parents will be soft-hearted and look for you.

If I don't look for you, I don't value you. Then why do you need such parents?

Even a person in society should learn to be independent and live in despair!

Let them know that we are not weak and cannot live without parents!

Society is fair, and we don't allow the unfair phenomenon of bullying the weak. Bullying us and not knowing the law?

You can't be a local tyrant like a teacher. You come to school to bully students with a salary of several thousand yuan a month? What occupation?

Teachers are so cool. When the emperor gets a high salary. Should the Education Bureau change their salaries?

And the teacher said what class fee to pay. It was a complete scam, and all the money ended up in her pocket.

Call your parents and crush people easily. Don't be afraid. If you are afraid, you can only be bullied and stand up bravely!

Let them know that we are not easy to bully! !

Long live the post-90s! Let's move forward for our goal! ! Take my long answer. My name is Yimo.

2. What if the school confiscates the mobile phone and refuses to give it?

Liu Xiaoying, lawyer of Beijing Youth Legal Aid and Research Center, replied:

In order to maintain normal teaching order, schools usually take some management measures. Some schools will search students' personal belongings or temporarily detain students' mobile phones and game machines. In some schools, teachers even impose fines on students. In the eyes of some teachers, this is a normal way of management. In fact, this behavior infringes on students' property rights.

First, schools have no right to confiscate or temporarily detain students' belongings.

Confiscation and seizure of property belong to the category of administrative punishment, and schools as educational institutions obviously do not have such rights. The implementation of administrative punishment measures must have the corresponding subject qualification. According to the "Administrative Punishment Law" promulgated by China 1996, there are three categories of subjects who enjoy the power of administrative punishment:

1. An administrative organ that enjoys the power of administrative punishment according to law. Article 15 of China's Administrative Punishment Law stipulates: "Administrative punishment shall be implemented by administrative organs with the power of administrative punishment within the scope of statutory functions and powers."

2. Organizations authorized by laws and regulations. Article 17 of the Administrative Punishment Law stipulates: "Organizations authorized by laws and regulations with the function of managing public affairs may impose administrative penalties within the scope of legal authorization."

3. Organizations entrusted by administrative organs. Article 18 of the Administrative Punishment Law stipulates: "In accordance with the provisions of laws, regulations or rules, organizations that meet the conditions stipulated in Article 19 of this Law may be entrusted to impose administrative punishment within their statutory authority. The administrative organ shall not entrust other organizations or individuals to implement administrative punishment. The entrusting administrative organ is responsible for supervising the administrative punishment behavior of the entrusted organization and bearing legal responsibility for the consequences of this behavior. The entrusted organization implements administrative punishment in the name of the entrusted administrative organ within the scope of entrustment; No other organization or individual may be entrusted to implement administrative punishment. " Article 19 of the law stipulates: "The entrusted organization must meet the following conditions: (1) an institution established according to law to manage public affairs; (2) Having staff who are familiar with relevant laws, regulations, rules and business; (3) If it is necessary to conduct technical inspection or technical appraisal for illegal acts, it may organize corresponding technical inspection or technical appraisal. "

Second, the legal remedies for the infringement of students' property rights by schools.

Personal rights and property rights are two basic rights of citizens. There is no doubt that students enjoy legal property rights to personal items such as mobile phones, and no organization or individual can arbitrarily deprive them. For acts such as confiscation, withholding, destruction of students' property and fines, students can seek legal relief according to China's education law. Paragraph 4 of Article 42 of the Law stipulates: "Educated people have the following rights: if they are dissatisfied with the punishment given by the school, they can appeal to the relevant departments; If a school or teacher infringes on his personal rights, property rights and other legitimate rights and interests, he may lodge a complaint or bring a lawsuit according to law. "

1.

Appeal refers to the system in which citizens appeal to the relevant authorities for reasons and request for examination and handling when their legitimate rights and interests are damaged. Specifically, students can raise the issue of infringement of their property rights by schools or teachers to the higher authorities of schools, namely the Education Bureau.

2. Litigation

Litigation is another remedy. Students can request the court to order the school to return the property through litigation. If a student's property is lost or damaged due to confiscation or seizure, he may ask the school for compensation.

There is no conflict between appeal and litigation, that is, if a student's property right is infringed by a school or a teacher, he can choose one or both parties to seek legal relief.

Third, how to solve the contradiction between school management and students' property rights.

On the one hand, the original intention of the school to confiscate or temporarily detain students' property is out of the need of management, and students' use of mobile phones in class will indeed have a certain impact on the teaching order. As some teachers said: "When a phone call comes in class, the whole class will be affected;" When the teacher is in class on the podium, he finds that the students are texting below, saying no, not saying no, and the atmosphere of the lecture will be destroyed. "On the other hand, as the personal property of students, mobile phones should of course be protected by law. As a modern and popular communication tool, mobile phone is gradually becoming an important tool for parents to keep in touch with their children. Therefore, schools should try to avoid using rough management methods in teaching management, and should solve the contradiction between school management rights and students' property rights in strict accordance with the law. For example, in the case of prohibiting students from using mobile phones, schools can completely return their mobile phones to their parents instead of simply confiscating or detaining them.

The school confiscated the mobile phone.

Schools or teachers have no right not to accept students' mobile phones.

But in special circumstances such as exams, you have the right to take your mobile phone.

However, it should be returned to the students afterwards. Students who don't return it can sue.

Exception: Only when it is clear that students cheat with mobile phones in the college entrance examination,

The mobile phone can only be confiscated by the invigilator in the urban area and handed over to the relevant college entrance examination department of the Education Bureau as evidence.

The school infringes on the individual's ownership of his goods.

If you have something personal in your mobile phone, it is also a violation of privacy!

Relevant provisions of General Principles of Civil Law of People's Republic of China (PRC) and Criminal Law of People's Republic of China (PRC):

Schools have no right to confiscate or detain students' property.

Violation of the provisions of the General Principles of Civil Law on the sacredness of private property (books),

That is, seizure and confiscation can only be exercised by departments authorized by law.

The law does not stipulate that schools can confiscate or detain students' property, so it is illegal.

Using violence, coercion or other means to seize other people's property on the spot for the purpose of illegally possessing other people's property.

Can be identified as robbery; He shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

As citizens, students have the right to enjoy their own belongings and dispose of them by themselves.

The school shall not confiscate, damage or lose its personal property for any reason, otherwise it shall make compensation.

Confiscation according to law belongs to administrative punishment and must be punished by law enforcement organs according to law.

Teachers are neither administrative law enforcement personnel nor legal basis, and have no right to confiscate citizens' property.

Their behavior is illegal. Students can complain to the Education Bureau and even file a lawsuit.

Strictly speaking, without my consent,

Teachers have no right to confiscate students' property or "keep it for them".

Without the consent of the parties, "custody on behalf of" means forcibly transferring the possession of property.

This is also an infringement on the legitimate property ownership of individuals.

In a society ruled by law, there is no legal basis for the inertia continuation of expansionist thought.

Confiscation of property is an administrative punishment. The law provides that:

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

At the same time, it is stipulated that organizations with public affairs functions authorized by laws and regulations can impose administrative penalties within the scope of statutory authorization.

The school does not have the above conditions and has no power to confiscate property.

It is illegal for schools to confiscate students' property!

Next time this happens, just call 1 10. After the failure of police civil mediation, it is necessary to take judicial channels.

Then the school will be fined and humiliated. It's time to give them a long memory!

A school should first teach students how to behave, and then study.

The mobile phone problem only hinders learning, but the school has violated the law by doing so.

The school itself does illegal things,

What qualifications are there to teach students how to behave? Confiscation of mobile phones also violates the Property Law of People's Republic of China (PRC) to some extent.

In short, the confiscation of students' mobile phones and other items by schools has seriously violated China's laws and regulations, which is a further mistake.

4. Is it illegal for schools to accept mobile phones?

It depends.

The confiscation of students' mobile phones by schools and teachers belongs to the temporary possession and management of students' mobile phones, not the legal confiscation. However, it is illegal to possess it and refuse to return it.

1. Article 2, paragraph 3 and Article 4 of the Property Law stipulate that the mobile phone is the legal movable property of the students, and the students enjoy the ownership of this item, and no individual or organ (except the law enforcement organ) has the right to possess or detain it.

Article 34 of the Property Law: Have the right to demand the return of property from individuals and organs (except law enforcement organs) that have dumped legal property.

Third, 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. Because the property law clearly stipulates that no one may infringe on the personal property of others, the school has no right to confiscate it. Although individual schools are public schools, schools can only be schools and can never become law enforcement units. Some schools stipulate that teachers can confiscate it, which conflicts with the law and is illegal. It should be abolished as usual.

Four: The Teachers Law has no power to "confiscate or detain students' property". Moreover, the Law on the Protection of Minors, the Law on Teachers and the Law on Education stipulate that the legitimate rights of students shall not be infringed. The rights in the Property Law are legal rights.

The school confiscated the mobile phone and refused to return it.

You can sue your school in court, because according to Article 4 of the Property Law, the property rights of the state, the collective and the private and those of other obligees are protected by law, and no unit or individual may infringe upon them.

The mobile phone belongs to your personal belongings, which is relatively expensive, and the school has no right to confiscate it. You can ask the school to return it as soon as possible, or stop the teacher from searching your personal belongings. However, since your school is a private school, if you go to court, it will not come to a good end. After losing the case, the school will return your mobile phone according to law, but they will probably expel you for it, so you should first try to negotiate with the school leaders and tell them that it is illegal to do so and ask them to return your mobile phone, but you'd better also write a letter of guarantee or criticism to admit your mistake.

In addition, I personally think that this practice in your school is really disrespectful of human rights. Students are human beings and have the right to personal freedom, and can refuse illegal search (Article 37 of the Constitution). Moreover, as an important communication tool, mobile phones also have advantages and cannot be completely banned because of some shortcomings.

So I think the students in your school should also discuss with the school leaders to make the school system more humane.