Current location - Training Enrollment Network - Mathematics courses - Does the teacher make pupils suffer punishment and break the law?
Does the teacher make pupils suffer punishment and break the law?
It is illegal for teachers to make students accept punishment.

Standing as punishment is a common way of corporal punishment for teachers. Judging from the students' habitual expression, it is by no means an accidental phenomenon to punish the station. Some teachers think: I don't slap students, I don't pull students' hair, I don't hit students, I punish students, which is not corporal punishment at all. At the same time, the penalty station rarely attracts criticism from society, schools and parents, and students can bear it.

Therefore, students can be punished at any time as long as they violate the rules. Even some teachers call the penalty station "universal" truth, which is frequently used and successful. However, "no matter how smart a person is, no matter how long he thinks, he will lose."

The relevant provisions of the Detailed Rules for the Implementation of the Compulsory Education Law of People's Republic of China (PRC).

Article 22 Education and teaching in compulsory education schools should meet the needs of the physical and mental development of all students.

Schools and teachers are not allowed to impose corporal punishment on students, corporal punishment in disguised form or other acts that insult personal dignity; Children and adolescents with moral defects and learning difficulties should be given help without discrimination.

Extended data:

Cases related to penalty stations

On the afternoon of September 16, 2002, Li Pei, a fifth-grade student in a primary school in Wangjing Town, Shenzhou City, Hebei Province, was called to the office by the math teacher before class and then taken to the principal's office for treatment. After the headmaster educated him, he went out to find the parents of the students, but when he came back, he asked Li Pei to go to the math teacher to admit his mistake and go to class.

Li Pei admitted his mistake when he found the math teacher. The teacher asked Li Pei to go to class, but Li Pei didn't move. Later, another teacher went back to the office to pour water. When he saw it, he also invited Li Pei to class. Li Pei remained motionless and stood until he came home from school in the afternoon.

That night, Li Pei complained of leg pain, and his parents informed the school. The headmaster accompanied him to the village clinic for treatment. That night, he was sent to xinji city for 4 days, but the hospital did not make a diagnosis. After that, he was transferred to another hospital in xinji city and stayed for four days. Results It was diagnosed as muscle strain of both legs and knees, ligament inflammation and autonomic nerve dysfunction. Because he didn't get better, he was transferred to a hospital in Shijiazhuang for 4 days and was diagnosed as a child hysteria. After that, Li Pei went to the hospital for reexamination and treatment, which cost a total of 2 122.32 yuan.

Therefore, Li Pei sued the teacher and the school to the People's Court of Shenzhou City on the grounds of leg pain, cramps in his hands, trance and delay in his studies caused by corporal punishment by the teacher for half a day, and demanded that the defendant compensate the economic loss of 12304.2 yuan.

After trial, the court held that it is appropriate for schools and teachers to conduct educational management on students who fail to finish their homework on time, because both schools and teachers are fulfilling their educational management obligations. However, in this case, the school and teachers kept Li Pei standing for a long time while educating and managing him. Obviously, there is negligence in his work. Mathematics teachers' educational management behavior should be regarded as the implementation of school educational management behavior, and schools should bear certain responsibilities, and teachers should not bear civil liability for compensation.

As a student, Li Pei did not finish the homework assigned by the teacher on time, which violated the rules and regulations of the school and led to the incident. He should also bear certain responsibilities. Finally, according to Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC), a primary school of the defendant compensated the plaintiff for medical expenses, nursing expenses, hospital food subsidies and medical transportation expenses totaling 14 19.96 yuan.

After the judgment of the first instance, the plaintiff refused to accept it and appealed to Hengshui Intermediate People's Court. After trial, the court of second instance held that the original judgment made the school bear corresponding responsibilities, which was in line with the law; After the incident, the appellant's diagnosis results in various hospitals proved that this phenomenon was also related to his own physical and psychological quality, and it was not improper for the original judge to bear part of the losses by himself. Now the appellant insists that the appellee should bear all the liability for compensation, which lacks factual and legal basis and does not support it. Therefore, the appeal was dismissed and the original judgment was upheld.

Baidu encyclopedia-penalty station

People's Daily Online-The students sued the teacher and were punished by the court, and both parties were responsible.