First, the teacher punishes the students?
Teachers should immediately notify the leaders on duty and report to the relevant competent authorities for corporal punishment of students, and the competent authorities should organize relevant personnel to arrive at the scene to appease the students' emotions; Schools involved in the investigation by public security organs shall give assistance, detain teachers for less than fifteen days and impose fines as appropriate; If corporal punishment causes minor injuries to students, teachers should be investigated for criminal responsibility for intentional injury.
Second, the state's treatment plan for teachers' corporal punishment of students?
Provisions on the handling of corporal punishment or disguised corporal punishment of students by primary and secondary school teachers (for Trial Implementation)
In order to thoroughly implement the spirit of provincial and municipal basic education work conferences, deepen the reform of education and teaching, vigorously promote educational innovation, comprehensively promote quality education, continuously improve the quality of education, earnestly strengthen the construction of teachers' professional ethics, further enhance teachers' consciousness of teaching and educating people, and ensure the healthy growth of primary and secondary school students, these Provisions are formulated in accordance with the Teachers Law of People's Republic of China (PRC) and People's Republic of China (PRC).
Article 1 All kinds of primary and secondary schools at all levels in the city should strengthen teachers' ideological and political work and professional ethics education, enhance their awareness of administering education according to law, and fully mobilize teachers' enthusiasm for teaching and educating people.
Article 2 Teachers should abide by the law and discipline, care for and care for students, respect the development of students' personality, and may not impose corporal punishment on primary and secondary school students or corporal punishment in disguised form.
Article 3 Teachers, students, their parents and other insiders may report corporal punishment or corporal punishment in disguised form to schools or educational administrative departments. Schools or education administrative departments should seriously investigate and deal with them in a timely manner.
Article 4 The term corporal punishment as mentioned in these Provisions refers to the punishment that teachers beat students in the process of education and teaching, or punish students by making a stand, which infringes on their health. The so-called corporal punishment in disguised form refers to teachers' sarcastic, abusive, insulting students' personality, using homework, labor, fines and other punishment behaviors in the process of education and teaching.
Article 5 Corporal punishment or corporal punishment in disguised form can be divided into four grades according to the circumstances: lighter, heavier, serious and especially serious.
Article 6 On the basis of clear facts and conclusive evidence, teachers' corporal punishment or corporal punishment of students in disguised form shall be handled in accordance with the following provisions: if the circumstances are minor, informed criticism shall be given by the school or the administrative department of education; If the circumstances are serious, the school or the administrative department of education shall give warning, demerit, demerit and informed criticism; When the examination is considered unqualified, the teacher qualification cannot be promoted; If the circumstances are serious, it shall be dismissed or expelled by the school or the administrative department of education, and informed criticism; Within two years, the assessment is considered unqualified and the teacher qualification cannot be promoted. If the circumstances are particularly serious, the education administrative department at or above the county level shall revoke its teacher qualification, and shall not reapply for teacher qualification within 5 years from the date of revocation, and its teacher qualification certificate shall be collected by the education administrative department at or above the county level;
Seventh corporal punishment or corporal punishment in disguised form constitutes a crime, losing the qualification of teachers, and criminal responsibility shall be investigated by judicial organs according to law.
Eighth teachers corporal punishment or corporal punishment in disguised form of students, resulting in serious consequences or adverse effects, school leaders should bear the leadership responsibility, and depending on the situation by the education administrative department or the competent department of cadres informed criticism or given administrative sanctions.
Article 9 If a party refuses to accept the decision, he may appeal to the higher education administrative department or the people's government.
Article 10 If the person who has been dealt with (except those who have revoked or lost their teacher qualifications) has made special contributions during the period of being dealt with, the decision on handling may be revoked in advance; After dissolution, the promotion position, grade and salary will no longer be affected by the original decision.
Eleventh decision and dissolution decision shall be notified in writing.
Twelfth education administrative departments at all levels are responsible for the implementation and supervision of these provisions.
Thirteenth the Dongying Municipal Education Bureau is responsible for the interpretation of these provisions. Article 14 These Provisions shall come into force as of the date of promulgation.
3. Is it illegal for teachers to punish students?
It is illegal for teachers to punish students physically or mentally. For those who intentionally hurt others' bodies, the general public security organs can detain them for more than five days and less than ten days, and impose a fine of more than 200 yuan and less than 500 yuan.
Legal objectivity:
Teachers' illegal acts can be reported to school leaders or higher authorities, and teachers can be ordered to correct their wrong practices or given administrative sanctions. Of course, teachers have the right to ask the school authorities to deal with this violation of legitimate rights and interests, or directly bring a lawsuit to the court. If the competent authority does not handle it, it may bring an administrative lawsuit to the competent authority on behalf of the defendant, and the people's court will order it to handle it. Corporal punishment is the behavior that teachers punish students physically, causing them to be hurt, such as beating, making a stand, squatting, exercising beyond their physical limits, shaving, tearing their mouths, etc. 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. Article 15 of China's Law on the Protection of Minors stipulates: "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 personal dignity on underage students and children." Article 46 of the Law on the Protection of Minors stipulates: "If the legitimate rights and interests of minors are infringed, the infringed person or his guardian has the right to request the relevant competent department to handle it or bring a lawsuit to the people's court according to law." Article 48 stipulates: "Teachers in schools, kindergartens and nurseries impose corporal punishment or corporal punishment in disguised form on underage students and children. If the circumstances are serious, they shall be given administrative sanctions by their units or higher authorities. " Article 16 of China's Compulsory Education Law stipulates that "corporal punishment of students is prohibited", and Article 37 of the Teachers Law stipulates that "corporal punishment of students who refuse to change after education" shall be given "administrative punishment or dismissal", and "if the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law"; Article 15 of the Law on the Protection of Minors also explicitly prohibits corporal punishment or disguised corporal punishment.