中小学校教育惩戒与纪律处分之融合

对于未成年学生的教育惩戒问题,国内外教育学界早有关注。总体上经历了从绝对惩戒教育到“无批评式教育”再到强调惩戒合理性的演变过程。学界对教育惩戒的认识还存在一定的分歧。法学界学者一般将《教育法》《义务教育法》等教育法律法规中规定的学校“处分”学生的措施视为教育惩戒;而多数教育学界学者则将教育惩戒与纪律处分区分开来,教育惩戒强调教师惩戒学生的权利。在教育相关的立法层面上试图区分教育惩戒与纪律处分,并将二者结合使用,细化教育惩戒和纪律处分的具体措施,分梯次使用惩戒与处分,进一步规范中小学纪律处分措施,构建未成年人惩戒与处分等学校不良记录封存的制度。

Integration of Educational Punishment and Disciplinary Punishment in Primary and Secondary Schools

The educational circles have paid attention to the problem of educational punishment of underage students for a long time.The evolution process goes to three stages:the absolute punishment education,the"non critical education"and then the rationality of punishment.There are still some differences in the understanding of educational punishment in the academic circle.Scholars in the legal circle generally regard the measures of school"punishing"students as educational punishment stipulated in the education law,compulsory education law and other educational laws and regulations;while most scholars in the educational circle separate educational punishment from disciplinary punishment,which think that educational punishment emphasizes the punish right of the teachers.At the legislative level,we attempts to distinguish between educational punishment and disciplinary punishment and combines them together.In order to implement the relevant provisions of educational punishment,we need to refine the specific measures of educational punishment and disciplinary punishment,use them in echelon,further standardize the disciplinary measures of primary and secondary schools and construct the system of sealing up bad records of schools such as juvenile education punishment and disciplinary punishment according to authority.