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[Thinking and Exploration of Education Punishment] Thoughts on the Disciplinary Work of Lawyers
From the author's heart: education without punishment is incomplete, and tolerance and connivance are sometimes just a word difference. "Appropriate punishment is not only the right of an educator, but also the obligation of an educator." Student period is a crucial period for a person to develop good behavior habits and good moral quality, which requires us teachers not only to use praise and appreciation, but also to use colorful means such as criticism and punishment. A necessary punishment may also be a baptism of the soul for some students.

In recent years, words such as "teacher's corporal punishment" and "student's suicide" have always attracted people's attention and strained people's nerves. After complex emotions such as regret, sympathy and indignation, we can't help thinking of one word: punishment.

This is a brand-new and ancient topic. It is an indisputable fact that primary and secondary school students' awareness of rules and discipline has dropped significantly, so they have taken on a new look. In this case, education punishment is paid more and more attention. It is outdated because it almost came into being with the appearance of education, and its influence on teachers' teaching behavior is deeply rooted.

Since the implementation of the new curriculum reform, China's educational circles have generally advocated encouraging and appreciating education, emphasizing that parents and teachers should talk to their children with an equal attitude, respect their children and create a relaxed and free atmosphere for them. But does encouragement and appreciation mean that you can't criticize? Does our education need to be punished? What's the difference between punishment and corporal punishment? Students have made serious mistakes, how to deal with them? ..... I believe that most of our class teachers often have such problems.

Through social debates on various incidents of corporal punishment in education, I think people often confuse the concepts of corporal punishment and punishment in recent years. The essence of the problem is not whether to punish, but how to take necessary and appropriate disciplinary measures to make students accept and benefit. As a class teacher who has been engaged in student management for 19 years, I have done a lot of exploratory thinking and attempts on this issue in the process of dealing with students all day.

Is corporal punishment the same as punishment?

Corporal punishment is a kind of tort that causes physical pain or extreme fatigue to students and damages their physical and mental health. It includes corporal punishment and corporal punishment in disguised form, that is, "physical" punishment and "spiritual" punishment. It is an act explicitly prohibited by the current laws of our country. The Compulsory Education Law and its implementing rules, the Teachers Law, the Law on the Protection of Minors and other laws not only explicitly prohibit corporal punishment, but also stipulate the legal responsibilities that teachers should bear for corporal punishment of students. Therefore, corporal punishment is illegal, not only should it not be advocated, but also should be strictly prohibited.

Punishment refers to a way of punishment based on the principle of "punishing the offender's body and mind, but not harming the physical and mental health of the punished person", which is interpreted as "warning from the past" in Ci Hai. It is essentially different from corporal punishment in purpose, means, way and consequence. The most important thing is that corporal punishment damages the physical and mental health of the punished person.

The biggest difference between punishment and corporal punishment is whether it hurts students' body or mind. Although punishment is manifested as punishment, it is based on respect and is guaranteed by law. It is suitable for the psychological characteristics and physical condition of underage students, and it is a compulsory corrective action to students' wrong words and deeds. It is an educational measure that can quickly arouse the students who violate the discipline to introspect, so as to immediately correct and move towards the right path, and it is an educational means to warn others to grow up healthily. The purpose of punishment is to protect students, not to hurt them. In the specific operation, we should pay attention to the "degree" of punishment. The reasonable punishment is education. If it exceeds a certain level, it becomes corporal punishment.

For example, if a student fails to finish his homework twice in a row, the class teacher orders him to make up after class, which is a reasonable punishment, but if he is forced to copy 10 times, it will become corporal punishment in disguise; Violating discipline and refusing to listen to dissuasion, teachers add 10 minutes of training, which is a reasonable punishment for students with good physique, but if it is aimed at students with weak physique, it becomes corporal punishment.

Although it is difficult to distinguish between the two, we can't ignore the role of punishment because of choking on food. In fact, there are essential differences between them in purpose, means and methods. With the further standardization and improvement of China's educational laws and regulations, reasonable punishment will become more and more clear, corporal punishment will become less and less, and eventually disappear.

Can education leave moderate punishment?

To answer this question, we might as well read such a short story first:

A boy of 12 years old, playing football in the yard, broke the neighbor's glass. The neighbor said, my glass is good. 12.5, you pay the bill. This is at 1920, 12.5 dollars to buy 125 chickens. The child has no choice but to go home to his father. Dad asked, did you kick the glass? The child said yes. Dad said, since it is you, you have to pay the price. I can lend you money, but you must pay it back in a year. As a result, the child spent a whole year working and finally earned $65,438 +02.5.

He was the later American President Ronald Reagan. He said in his memoirs that it was through such a thing that he learned what responsibility is, and that is to be responsible for his own mistakes.

In fact, when a person knows that he has made a mistake, he is ready to accept punishment. Looking back on our own growth process, there are always some punishments in everyone's growth that we will never forget. Generally speaking, when children make mistakes, it is a good opportunity for education. Guilt and anxiety will make them eager for success, and the truth may be unforgettable in the process of accepting punishment. There can be no corporal punishment in education, but there must be no punishment; Education without punishment is incomplete education, weak education, fragile education and irresponsible education. Guilt and indulgence of mistakes undoubtedly poison students' minds like opium.

There are clear provisions on punishment in the educational laws and regulations of many countries in the world. For example, a few years ago, South Korea passed the Education Punishment Law, allowing the use of rulers with a length of no more than 100cm and a thickness of no more than 1cm, such as hitting girls five times in the calf and boys 10. The regulations are very detailed and clear. In some parts of the United States, students will be sentenced to prison if they don't study hard. Seven students were sentenced to two months in prison for poor academic performance. Similarly, in the United States, if a student brings something that the school thinks is inappropriate, the school will confiscate it and will not return it to the student. The disciplinary power of American teachers includes: verbal reprimand, deprivation of certain privileges, detention, disciplinary transfer, short-term suspension and expulsion; French middle schools can give students who are particularly poor in learning a punishment of failing after the class Council (members are composed of the principal, the provost and all the teachers in the class) decides, and those who make serious mistakes will be expelled. For small mistakes such as fighting, being late, truancy, etc. People who make mistakes will be punished and must go to school to reflect or do their homework during the holidays; The Singapore government even stipulates in the Guiding Principles for Punishing Students that after the disciplinary methods of counseling and detention fail, principals, vice principals and disciplinary officers have the right to use rattan to punish students who violate the rules (only for boys, the parts are limited to palms and hips, and witnesses must be present. After corporal punishment, a written report should be written and parents should be informed immediately).

Education is the art of love, and it is inseparable from discipline. We can't just rely on pale and weak preaching, nor can we alienate it into distorted violent education. As a teacher, how to criticize and educate students' shortcomings or mistakes is a very important and skillful problem. On the one hand, we need to find every bright spot in students with great enthusiasm and sincerity, and publicize it appropriately to stimulate their strong desire for truth, goodness and beauty. On the other hand, reasonable punishment is not only legal, but also necessary. Reasonable punishment can effectively alert students, help them overcome shortcomings and correct mistakes; It also helps to form students' strong character and enhance their sense of responsibility and ability to resist setbacks. Punishing students who make mistakes is not only to educate the students who make mistakes themselves, but more importantly, to serve as a warning to other students and let others take a warning.

Teacher, head teacher, do you have the right to punish?

Punishment is a kind of power, not a right. It is a teacher's right to punish students who violate the school's study and life norms. It is a compulsory power based on teachers' professional status. It comes from teachers' educational power, and it is the power to maintain the normal order of education and teaching activities and ensure the normal development of education and teaching activities. This is also one of the professional rights of teachers.

From the legal point of view, teachers have the right to manage students. Article 28 of the Education Law stipulates that: schools and other educational institutions have the right to manage students' status, reward or punish them; Article 8 of the Teachers Law stipulates that teachers should perform the following obligations: stop acts harmful to students or other acts that infringe on their legitimate rights and interests, and criticize and resist phenomena harmful to their healthy growth; Article 15 of the Regulations on the Administration of Primary School Students stipulates that primary schools should commend students with excellent academic performance, criticize and educate students who make mistakes, and give warnings, serious warnings or demerits to a few students who make serious mistakes. In addition, the Code of Conduct for Primary and Secondary School Students and the Code of Daily Conduct for Primary and Secondary School Students are also the basis for teachers to manage students, and students who violate it will be criticized, educated and punished accordingly; The Ministry of Education's Measures for Handling Students' Injury Accidents and the Supreme People's Court's Explanations on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases both show that students have the obligation to obey teachers during their school days, and teachers' disciplinary power is a kind of educational management right exercised by teachers against students who violate students' code of conduct and undermine school rules and regulations, and it is a mandatory power given to teachers by law based on their professional status.

If a student violates the rules and regulations, the school has the right to deal with it, and this right is generally exercised by the class teacher who directly manages the students. The purpose of punishing a student is to educate him, not to infringe on his rights. When exercising the right of punishment, we should not punish some students for violating discipline and discipline in the name of protecting the rights of most students; Nor can we turn a blind eye to violations of discipline and discipline just because we want to protect individual students, thus damaging the rights and interests of most students. "If a teacher's conscience, skills and beliefs indicate that he should use punishment, he has no right to refuse to use punishment." For some students, a punishment may also be a baptism of the soul. Facts have fully proved that all excellent teachers and head teachers have an important advantage, that is, making good use of punishment.

How to make punishment more reasonable and scientific?

Facts have proved that some teachers corporal punishment or corporal punishment in disguised form is because there is really no way to educate students: there is no clear legal basis for upward, and the preaching to students is empty and powerless. As a result, I often lose control of my emotions and do things that damage my professional image after repeated ineffective education. It is in order to avoid excessive, alienated and arbitrary punishment that students and I have gradually explored a set of "flexible punishment system" through constant attempts, modifications and improvements.

It is a student management system based on reasonable punishment, which further refines and optimizes the punishment measures corresponding to violations of discipline, making it more humane, flexible and personalized, thus realizing the purpose of students' self-education. The main features are as follows:

1. The discipline item is no longer just a blunt item, but consists of several relatively parallel items, which respect students' personality choice and dignity.

2. The measures and methods of punishment come from students, and they are understood and supported by students. Their purpose is no longer to punish violations of discipline, but to make students reflect on their own behavior and consciously safeguard the necessary environmental order for collective life and study.

3. The discipline pays attention to the differences of different students. The differences among students are well known, and the exercise of disciplinary power must be different from person to person, and different ways should be adopted according to students' different bodies, ages and genders. Punishment should also take into account students' personality, so as to achieve the purpose of punishment without hurting students' body and mind. Such punishment can only be accepted by students.

4. Disciplinary measures highlight students' self-experience, self-perception and self-internalization of their disciplinary actions, so that students can truly become their own masters and be responsible for their actions, rather than passively accepting external punishment.

If students violate discipline, they can choose from the corresponding disciplinary measures according to their own situation and then implement them. Moreover, students can apply for another disciplinary method according to the severity of violation of discipline and their own characteristics. For example, a student quarrels with his deskmate during evening self-study and disturbs classroom discipline. According to the class rules, The monitor on duty will issue a "disciplinary notice" soon. (See Figure 1)

The main purpose of our disciplinary system is to promote self-management. Its construction process is actually a process of all students participating in class management and self-education. Therefore, in the whole process of its formulation, teachers should not take the place of others and make full decisions, but should be the consultants and guides of students, so as to make the disciplinary problems from students themselves more targeted.

We also note that any management system can't and shouldn't cover everything, but should have its emphasis and typicality. On the basis of extensive discussion in the whole class, determine the main violations to ensure that the system will not be too detailed and complicated to operate effectively when it is implemented. At the same time, widely mobilizing students to participate in the consultation can not only enrich and improve the content of the system, but also fully respect the individual characteristics of students, thus better reflecting the collective wishes of students and the humanistic characteristics of the system. During the trial operation, the draft needs to be constantly revised and improved. After being finalized by the class committee, the class meeting will vote. In fact, the more important significance of voting here is to turn it into the collective will of students, become a student "law" that all students must abide by, and begin to have universal binding force.

Flexible discipline system has initially become an important feature of our class management, and has achieved very obvious benefits.

First, the student system has been improved and the student management mode has been greatly optimized. From the rule of man to the rule of law is the inevitable trend of modern student management. The flexible discipline system has become an indispensable part of the student system since it came into being. As a useful supplement and maintenance of students' daily behavior norms, the student system construction is more reasonable and perfect; At the same time, it is fully recognized by students for its extensive and profound humanity and democracy, which makes student management more standardized and scientific.

Secondly, the relationship between teachers and students has been improved and self-management has been promoted. The "flexible disciplinary system" fully embodies the concept of respecting students' individuality and putting people first, puts every student under the democratic supervision and restraint of "students" and "class rules", avoids the embarrassing passive situation of being forced by the head teacher to act arbitrarily, and effectively promotes the formation of a harmonious teacher-student relationship. At the same time, students' active support and participation not only improve the consciousness and ability of self-management, but also greatly reduce the management burden of class teachers, free them from the heavy daily work of classes, and devote more energy to the coordinated and strategic work related to students' long-term development, thus promoting the improvement of their professional quality.

The third is to enhance students' vitality and improve management quality. Some people say that the core idea of the new curriculum reform is only three words: caring for people. Every job of our teacher is from the perspective of respecting and understanding children, so it has been fully recognized and supported by students, which has really brought infinite vitality and vitality to students. The formulation and implementation of flexible disciplinary system has effectively mobilized the enthusiasm of all students to participate in student management, standardized and restrained students' bad behavior habits, and made the class collective develop steadily and healthily, with solid and orderly work and outstanding achievements. Later, it spread rapidly, showing its profound practical significance and educational value.

90% success is habit, and 90% education is introspection. Flexible punishment can not only cultivate students' good habits, but also promote students' profound reflection and self-education. Confucius said, "Be brave after knowing shame". If we look back on our lives, we will often be moved by the punishment we received when we were young because of our mistakes.

Attachment: Excerpt from some implementation rules of "Happy July 3rd Flexible Punishment System"

Article 1: People who cut in line, crowd or scramble for food or the food is out of order in the restaurant. The class teacher first has a heart-to-heart talk, and then the students voluntarily choose the following disciplinary methods: ① Keep the order of cooking and eating in the restaurant next week and record the violation of discipline. (2) Help clean the restaurant in the next at least two days, and hand in a 300-word psychological feeling composition every day. ③ Collect 5 stories of civilized behavior and post them on the bulletin board. (4) make a speech on the cultivation of civilized habits. ⑤ Introduce your parents' work and life in class and talk about your own feelings. Sing two campus songs to everyone in the class. ⑦ Write a sitcom and perform a simulation performance according to the event.

Article 2: Do not observe the discipline of lunch break and staying up late, and make a loud noise, which seriously affects other students. After the class teacher talks, the students voluntarily choose the following punishment methods: ① In the next two days, they will be on duty at the entrance of the apartment at noon, patrol at noon, and arrive at 1 1 at night. (2) For the next three days, at noon and at night, help the instructor to carry water, mop the floor and take notes. The instructor can get rid of it after realizing that he really repented. (3) Submit a 300-word psychological confession essay every day for at least three days after violating the discipline. (4) Write "warm tips" on the blackboard for a week in class until you fully understand the wrong behavior. Do a good deed for the whole class and get more than two-thirds of the signatures. ⑥ Conduct a purification or beautification of the dormitory.

Article 4: In front of the teacher, you deliberately violate the classroom discipline and affect everyone's learners. The behavior is relatively light. After heart-to-heart communication, I voluntarily choose the following punishment methods: ① Apologize to the teacher and make up my mind to repent. (2) Stop extracurricular activities in the afternoon and write psychological reflection. (3) Ask teachers and classmates for their opinions on their behavior and copy them carefully twice. ④ Collect 1 civilization stories and memorize them, and hand them in from scratch. ⑤ Perform a program for the whole class and get recognition. After criticism and education, students must voluntarily choose the following punishment methods after class: ① make a solemn apology to teachers and classmates, and make up their minds to repent in public, please supervise. (2) Proficiently recite the daily behavior norms of primary school students. (3) Write a short paper and a manual of related subjects. (4) Write a letter of apology to the whole class and hand it in, post it or read it out in public. ⑤ Do a concrete and meaningful thing for students. ⑥ According to the class violation, some rationalization suggestions are put forward.

Article 5: Those who seriously violate the discipline of the examination room during the examination. For those who are noisy, joking or sleeping during the exam, first give a warning and have a heart-to-heart talk after the exam, and then students voluntarily choose the following punishment methods: ① Recite and write codes for candidates. ② Collect three honest stories and hand them in after memorizing them. (3) Write a sketch of the examination room scene and perform it in class.

Anyone who plagiarizes or cheats in the exam will be deducted from the examination paper of this subject. After the heart-to-heart talk, students voluntarily choose the following punishment methods: ① Give a speech advocating honesty and civilization next Monday morning. (2) Carefully copy the Rules for Handling Cheating in Examinations twice, and then write reflections according to your own feelings. Collect and copy three honest stories and hand them in. (4) Write no less than 500 words of reflection until you are convinced of your mistakes. ⑤ Self-exercise is greater than 1500m to show deep introspection. ⑥ Make a humorous cartoon with the theme of cheating in the exam and post it in class for students to enjoy.

Eighth intentional destruction of school or class hygiene. After heart-to-heart, criticism and education, students voluntarily choose the following disciplinary methods: ① Apologize to the whole class and contract the sanitation in the corresponding area for one week, otherwise the deadline will be extended. (2) Assist the health supervisor to be a supervisor for one week, check and remind students to develop good health habits in time. (3) Memorize the codes of students' daily behaviors. Submit a 300-word guarantee to protect the environment every day for at least three days. ⑤ Make a speech with the theme of protecting the environment. ⑥ Bring some potted flowers to beautify the classroom and take good care of it.

Article 9: Those who are absent from class for less than half a day. After heart-to-heart communication, students voluntarily choose the following disciplinary methods: ① solicit the opinions and hopes of all teachers and classmates, copy carefully, and often read through. (2) During the one-week observation period of repentance and rehabilitation, a 300-word guarantee must be submitted every day; Collect and recite three articles that love reading or learning, copy them twice and hand them in. (4) Read a celebrity biography carefully and reflect deeply. ⑤ Actively participate in beneficial cultural and sports activities, try to keep a diary and record happy moments every day. ⑥ Take the initiative to do one thing in class and do it well. Those who have a bad attitude towards admitting their mistakes will be taken back by their parents for reflection, and the school will let them return to school at the right time according to sincere requirements.

Article 16: After investigation, it is indeed a neglected learner. The teacher gave him positive guidance, and after heart-to-heart communication, the students voluntarily chose the following punishment methods: ① Copy and recite the student code twice, study quickly and safely, and write down the guarantee. ② Recite 2 inspirational poems every day for the next two weeks. (3) Keep a diary of not less than 300 words and observe each other's shortcomings every day until you can fully realize the harm of improper thoughts to each other, resolutely abandon wrong thoughts and study with peace of mind. (4) Collect and copy 5 articles about the harm of puppy love and write down your experience.

Article 18: People who are addicted to online chatting, playing games or browsing unhealthy websites. After heart-to-heart communication and critical education, students voluntarily choose the following punishment methods: ① Recite three inspirational poems every day for the next week. (2) copy 1 stories about the growth of celebrities and great men and hand them in every day. Be a good book recommender in class and introduce a good book to classmates every week. (4) Collect and copy five stories about hard work, and write down two of them. ⑤ "shine" in the class and teach all other students. ⑥ Choose a sport you like and practice after class every day. ⑦ I taught myself microcomputer programming and designed two wonderful computer animations in the next two weeks.

(Author: Shandong Shouguang Century School)