10 On the afternoon of June 27th, two junior high school students were asked by their teachers to stand outside the classroom in Guanyun Experimental Middle School, which was awarded the title of "Lianyungang Experimental Base for Teacher Development Evaluation and Research"10 minute. In response to this incident, some primary and secondary school teachers in Lianyungang believe that students' attending classes has affected teachers' teaching work and other students' learning. As a result, they deprived all students of the right to education, and also hurt teachers' normal teaching rights. Students should be punished. However, psychologists and legal professionals point out that teachers' practice of making students stand as penalty violates students' personal dignity and other legitimate rights and interests.
Event replay: the female teacher punished the naughty students 10 minutes.
On 27th 15: 30, the reporter interviewed in Guanyun Experimental Middle School.
When the person in charge of the school came, I saw two students standing in the corridor outside the classroom on the first floor of the opposite teaching building through the window of an office in the school. At this time, it was the class time, 15: 50, and the reporter took this scene.
This is the classroom of Grade One (15) in the school. In the classroom, the students are doing their homework quietly. Outside the classroom stood two boys in their early 10, with their heads down and tears all over their faces. There is a schoolbag on the railing of the corridor in front of them.
"Why are you standing outside?" The reporter asked two students.
"The teacher told us to stand." I sighed, looked up at the reporter, and immediately turned my eyes to the ground.
"Are you mistaken?" The reporter asked again.
The two children bowed their heads again and stopped talking.
After about 10 minutes, a young female teacher rushed over and pulled two children into the classroom, not knowing what to say to them. Later, the female teacher walked out of the classroom and said to the reporter: "They don't obey the classroom discipline, I want them to reflect!" The reporter asked whether it was appropriate for students to stand as penalty. The female teacher hurried into the classroom and never came out.
It is understood that on September 8th this year, in the first batch of "Lianyungang Special Experimental Base for Basic Education Curriculum Reform" announced by Lianyungang Education Bureau, Guanyun Experimental Middle School was rated as an experimental base for teacher development evaluation and research. In such an "experimental" school, students are punished for not observing the discipline between classes. Is it also an "experiment" for the school? Li Jun, director of the school, said that this should not happen, and school leaders have repeatedly asked teachers not to corporal punishment or corporal punishment in disguised form.
The reporter noticed that the teacher's office building was facing the penalty station of two students.
At the request of the reporter, Li Jun, the director of education, arranged for the teacher of the punished student to meet with the reporter. When the teacher learned the identity of the reporter, he never wanted to be named. She explained to the reporter: 1 class (15) was having a composition class at that time, and neither of the two students wrote well. Instead, pass notes to each other and let them "reflect" outside the classroom. When the reporter asked the female teacher again whether it was appropriate to let the students stand as punishment, the female teacher kept staring and said nothing.
Li Jun, the teaching director, said that the teacher had just graduated from college and had little teaching experience. When a student doesn't obey the discipline between classes, he may feel anxious. "The main purpose is to make students realize their mistakes, but the handling method is not appropriate," Li Jun said.
The phenomenon that students don't obey classroom discipline and are punished by teachers doesn't just happen in Guanyun Experimental Middle School. Recently, when reporters interviewed some schools in northern Jiangsu, they witnessed the phenomenon that students were punished during recess.
Does the teacher have the right to "sweep the floor" the naughty students in class? This issue has been debated for a long time, and there have even been incidents in which students take their teachers to court for this.
Teacher's point of view: don't just see the rights of students.
Teachers are often praised as "engineers of human souls", and people often use "hardworking gardeners" to express teachers' extraordinary work. However, the aura hanging over teachers has become the target of public criticism once they encounter a "corporal punishment scandal". How do these teachers who have high hopes and high demands feel about this?
"Don't just see the students' injuries, but also the teachers' injuries!" A middle school teacher in Guanyun County, who asked not to be named, said that the teacher punished a student only to educate the student, and expelling the student from the classroom only temporarily deprived a student of his right to education. If students' classes affect teachers' teaching work and other students' learning, won't they deprive all students, including themselves, of their right to education?
The teacher said that it should be admitted that in a country ruled by law, teachers have no right to punish students. "But does everyone know the reality of education in China? In fact, many students can be said to be corporal punishment teachers in disguise. " The teacher lamented that the teacher could not punish the students and scold them, and it was even worse to do it directly. However, students affect teachers' teaching work, teachers' working mood and others' right to education. Should such students be punished?
"Teachers can't blame teachers for corporal punishment of students." A retired teacher who has been engaged in primary education for many years in Ganyu also said that although the contradiction is manifested in the abnormal behavior of individual teachers, the fault is not entirely on the teachers. The old teacher said that it is not a bad thing that students are increasingly demanding the love of their teachers. On the other hand, do students also give teachers corresponding respect? "Respecting teachers and loving students is an organic whole and a virtue that both sides should abide by together." Old teachers think that there may have been too much emphasis on "teachers' dignity" in the past, but will today's "overcorrection" go to the other extreme, so that teachers dare not control their own students and don't know how to control them?
The person in charge of a middle school in xinyi city said that the current schools should not only implement the concept of quality education, but also adhere to the benefits of exam-oriented education, and I am afraid they can't figure out how to balance it. Corporal punishment of students has always been a "forbidden area" in education, and it is a matter of principle of "big right and wrong". Why do some teachers still break the rules from time to time? "Education management departments should also reflect on this." Some primary and secondary school teachers said in an interview that if there is a reasonable education assessment system and good educational management norms, teachers are somewhat uncomfortable and do not understand, so it is easy to adapt and understand slowly. However, if there is something wrong with the management system itself, how can we prevent it from "getting sick" on some teachers?
Psychologist: Students' self-esteem needs special protection.
"The publication and punishment of' stain' will reduce the self-evaluation of students who make mistakes." In view of the existing methods of critical education, such as corporal punishment and punishment, Professor Zhou, a famous psychologist and director of Nanjing Metropolitan Psychological Counseling Center, believes that corporal punishment for students who make mistakes in front of other students may be affordable for ordinary adults. However, minors are a special group, especially underage students at a certain age, who are immature in social psychology. Their emotions are particularly fragile, their self-esteem awareness is stronger, their self-protection ability is poor, and their self-evaluation is easy to decrease, resulting in mental pain and anxiety. Zhou called on the society to give special protection to the self-esteem of underage students.
"There is no doubt that teachers suspend students because they don't abide by classroom discipline, which affects their normal study and even their psychology. The teacher's behavior violated the students' personal dignity and other legitimate rights and interests. Chen Yi, a lawyer from Jiangsu Yangtze River Delta Law Firm, explained from a legal point of view that the teacher of Guanyun Experimental Middle School stopped for the students.
The Law on the Protection of Minors stipulates four principles that should be followed in the protection of minors, namely, protecting the legitimate rights and interests of minors; Respect the personal dignity of minors; Adapt to the characteristics of minors' physical and mental development; Combination of education and protection. Chen Yi believes that the penalty station, and it is a long-term penalty station, is essentially corporal punishment in disguised form for students, which is undoubtedly not conducive to the healthy development of underage students. The Law on the Protection of Minors clearly stipulates that "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." At the same time, this law and the Teachers Law also stipulate that teachers who punish students physically or in disguised form shall bear administrative or criminal responsibility. The Detailed Rules for the Implementation of the Compulsory Education Law of People's Republic of China (PRC) has the same provisions.
Based on the above-mentioned legal basis, lawyer Chen Yi believes that it is obviously illegal for teachers to punish students for violating the above-mentioned laws and regulations.
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1997165438+1On the morning of October 26th, Zhang Si, a junior one student from Yuyang Middle School in dangyang city, Hubei Province, and several other students in the class returned to the classroom after cleaning the clean area. Zhang Si deliberately let the broom fall while stacking, hitting Liu Chen, a disabled student. Classmates reported the matter to the class teacher Zhou Changfeng. In the afternoon of the first class, Zhou Changfeng punished Zhang Si for standing and listening to lectures. Zhang Si was punished for attending classes intermittently until 65438 pm on February 3 of the same year, with a total time of 22 hours.
On the evening of February 3, the same year, at 65438, Zhang Si's parents and other family members went to Zhou Changfeng's house to exchange views, and there was a dispute between the two sides. The next morning, when Zhou Changfeng held a class meeting to discuss Zhang Si's problems, Zhang Si's grandmother and grandmother ran into the classroom and had a quarrel with Zhou Changfeng.
On February 4th, 65438, Zhang Si felt unwell and went to dangyang city Family Planning Service Station for outpatient treatment, and spent 38.60 yuan on medical expenses. 65438+February 10, Zhang Si was treated in the outpatient department of dangyang city Traditional Chinese Medicine Hospital, with medical expenses of 50. 14 yuan, and then in the outpatient department of dangyang city People's Hospital, with medical expenses of 173 yuan. 65438+February 1 1, Zhang Si was hospitalized in dangyang city People's Hospital until 65438+February 24th, and the medical expenses were 2065.30 yuan. 1998 1.8, identified by the Forensic Technology Department of dangyang city People's Court, Zhang Si suffered from brain dysfunction and insufficient blood supply to cerebral arteries due to mental stimulation, but his loss was minor injuries.
1September, 99814th, Zhang Si filed a lawsuit in the People's Court of dangyang city, Hubei Province, requesting the court to order Zhou Changfeng and dangyang city Yuyang Middle School to pay compensation, including medical expenses, nursing expenses, hospital food subsidies, tuition fees and other expenses. , a total of 4802.64 yuan, mental damage compensation 10000 yuan, and asked the two defendants to apologize publicly in dangyang city TV station.
Dangyang city People's Court held that Zhou Changfeng's punishment for Zhang Si's standing was corporal punishment in disguised form, and on1June 65438+September 65438+April 4, 1998, Zhou Changfeng was sentenced to pay Zhang Si 465438 yuan +028.24 yuan to compensate for the economic losses caused by the punishment. Dangyang city Yuyang Middle School is jointly and severally liable for the amount that Zhou Changfeng should pay.