Teachers who physically punish students and refuse to change after education shall be given administrative sanctions or dismissal by their schools, other educational institutions or educational administrative departments. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
This is illegal.
1. Corporal punishment violates students' right to health. The right to health is the right that biological subjects enjoy according to law to protect their own physiological functions and health. Teenagers are in the period of physical development, and the development of various organs of the body is still immature. Violent corporal punishment can easily cause damage to students' body organs, and in severe cases, it will cause lifelong disability.
2. Corporal punishment violates students' physical rights. Body right refers to the right of a natural person to enjoy his own body according to law. The content of body right is that the right subject enjoys or controls his body according to law, and no one else may illegally interfere. Violation of body rights is the most common in corporal punishment, because the body is the carrier of life, and violation of the right to life and health begins with violation of body rights.
First, the standard of corporal punishment of students:
Punishment is a wrong way to punish children by standing, kneeling, running, slapping and other ways that hurt students' body or mind. Corporal punishment in disguised form refers to the physical and mental punishment of students in other indirect ways, such as labor punishment, copying too much homework, writing on the face, sarcasm, abuse, exposure and so on. Creating physical pain or controlling the body to cause mental pain is corporal punishment for students.
To sum up, corporal punishment refers to the teacher's behavior of violating students' health by violence or threat of violence, or by other coercive means.
Legal basis:
Law of People's Republic of China (PRC) on the Protection of Minors
Article 27
Teachers and staff in schools and kindergartens should respect the personal dignity of minors, and may not impose corporal punishment, disguised corporal punishment or other acts that insult their personal dignity.
Article 29
Schools should care about and care for underage students, and cannot discriminate against students because of their family, body, psychology and learning ability. Students with family difficulties and physical and mental disabilities should be taken care of; Students with abnormal behavior and learning difficulties should be patiently helped.
Schools should cooperate with relevant government departments to establish information files of left-behind underage students and disadvantaged underage students, and carry out care and assistance work.