The new education punishment regulations will be implemented on March 1 and set 7 red lines to clarify punishment standards
How to use education to punish this "rule ruler"
●The “Rules” defines the concept of educational punishment for the first time, stipulating that “schools and teachers, based on educational purposes, manage, discipline or rectify students who violate regulations and disciplines, or rectify them in a prescribed manner, so as to encourage students to take warning, understand and Correct the wrong educational behavior"
● Punishment is different from corporal punishment.
Disciplinary is to get some students who may have made mistakes back on the right track through appropriate means. It is a means for students to take the initiative to recognize and correct their own mistakes; while corporal punishment is to simply create physical pain and force students to obey. In reality it tends to be counterproductive
● Establish and improve the implementation, supervision and relief mechanism of educational punishment, so that schools and teachers can use, dare to use, and use educational punishments with caution, so that parents and the society can understand, support, and cooperate with the education and management of schools and teachers, and jointly realize morality. Human goal
□ Trainee reporter Zhang Shoukun
□ reporter Wang Yang
On December 29, 2020, the Ministry of Education promulgated the "Regulations on Educational Discipline in Primary and Secondary Schools (Trial)" (hereinafter referred to as the "Rules") to incorporate educational punishment into the rule of law.
For the first time, the "Rules" systematically stipulate the attributes, scope of application, and implementation rules, procedures, measures, and requirements of educational punishment in the form of departmental regulations, and will be implemented on March 1 this year.
Experts interviewed by reporters from the Rule of Law Daily stated that the "Rules" provide a basis for teachers to educate and discipline in accordance with laws and regulations, clarify the boundary between discipline and corporal punishment, and define the scope of punishment more clearly.
Clearly define education discipline
Emphasize the attribute of educating people
In recent years, social incidents triggered by education and discipline have frequently caused controversy from all walks of life.
On the one hand, some students have psychological shadows because of being over-disciplined; on the other hand, there are also teachers who have been over-disciplined for disciplining students.
With regard to educational discipline, teachers, students and parents have launched a "see-saw".
In the final analysis, it is because of the blurring of the definition and boundary of the power of education punishment.
Xue Nan from Sucheng No. 1 Junior High School in Anhui Province is a teacher with more than ten years of teaching experience.
She has her own set of methods to deal with students who do not follow classroom discipline and are difficult to manage, such as chatting with students and talking with them.
When encountering students who are really difficult to manage, she will also make appropriate criticisms, but basically will not punish students because she is "not sure where the scale is."
A teacher surnamed Zhao in an elementary school in Tianjin has just joined the job for more than a year, but she no longer dares to supervise the students, and sometimes she will "fear" for a long time because she can't control her emotions when she speaks loudly.
"On several occasions before, a colleague was sued by his parents to the Education Bureau for simply saying a few words about a student who had done something wrong, and was criticized at a school meeting. Almost no one in the school dared to discipline students." The teacher surnamed Zhao told a reporter from the Rule of Law Daily.
Now, the "Rules" defines the concept of educational discipline for the first time, stipulating that educational discipline is "schools and teachers, based on educational purposes, manage, discipline or correct students in violation of disciplines in a prescribed manner, so as to encourage students to take warning and understand And correcting wrong educational behavior."
It is clarified that education punishment is not punishment, but a way of education. It emphasizes the educating nature of education punishment, which is a specific way for schools and teachers to exercise their education, management, and evaluation rights.
According to the relevant person in charge of the Ministry of Education, since the drafting of the Regulations in 2019, more than 6,400 specific amendments have been received from the society, of which more than 80% are supportive.
According to the survey data, primary school principals and teachers generally hope that the state will clarify disciplinary rules, and most parents also support this.
Cheng Fangping, a professor at the School of Education of Renmin University of China, gave an example to a reporter from the Rule of Law Daily: In the Soviet Union, a certain class had a child king who often led a group of children to make trouble.
No matter what the teacher said, he would not listen.
Once the principal met Kid Wang who was making trouble, and slapped him without listening to dissuasion.
The child next to him asked him if he wanted to "teaching" the principal together.
Surprisingly, Kid Wang said that he admired the principal, saying that he realized that the principal was educating and loving him.
In Cheng Fangping's view, the principal's approach may be inappropriate, but it can be seen that certain educational disciplines are necessary.
At the same time, more importantly, people should realize that punishment should not be a simple punishment, but should be conducive to the learning and growth of students.
According to Cheng Fangping, the attitude towards education punishment in modern my country has often gone from one extreme to the other.
Before the 1990s, punishment was a natural thing and was less controversial. This was because students and parents had trust in teachers, and many parents also believed in "strictly teach good students" and "do not become talented."
With the introduction of appreciation education and incentive education, some teachers misunderstood this and began to encourage or even "please" students unconditionally.
As some extreme incidents have been exposed in recent years, many teachers have "distracted" the discipline of students, and they are reluctant and dare not to discipline students. This is actually an irresponsible behavior.
Chu Zhaohui, a researcher at the Chinese Academy of Educational Sciences, believes that the promulgation of the "Rules" has given teachers a "reassurance."
Draw a red line and clear the scale
Educational discipline is not corporal punishment
In fact, as early as June 23, 2019, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Deepening Education and Teaching Reform and Comprehensively Improving the Quality of Compulsory Education", proposing to formulate implementation rules to clarify the rights of teacher education punishment.
Since then, under the entrustment of the Ministry of Education, various educational legislation research bases jointly established by the Chinese Academy of Educational Sciences, the Ministry of Education and universities have started a large number of field investigations and held several expert seminars.
On November 22, 2019, the Ministry of Education issued the "Rules for the Implementation of Educational Discipline for Primary and Secondary School Teachers (Draft for Comment)" to solicit opinions from the whole society.
Until December 29, 2020, the Ministry of Education promulgated the "Primary and Secondary Education Disciplinary Rules (Trial)".
After the introduction of the "Rules", some parents of students expressed their concerns: "When children are older, general verbal criticism and education may not be effective. Will the introduction of the "Rules" turn punishment into punishment for children?"
Cheng Fangping explained: “Disciplinary punishment is different from corporal punishment. Disciplinary is to let some students who may have made mistakes get back on the right track through appropriate means. It is a means for students to take the initiative to recognize and correct their own mistakes; while corporal punishment is purely manufacturing. The behavior that physical pain forces students to obey is often counterproductive in reality."
Regarding the standards of punishment, the "Rules" delineated seven "red lines" to prevent individual teachers from using corporal punishment and disguised corporal punishment as educational punishments in practice.
The first is physical injury, which directly causes physical pain by hitting, puncturing, etc.; the second is over-limit punishment, penalties that exceed normal limits, repeated copying, forced uncomfortable movements or postures, and indirect injuries such as deliberate isolation. Physical and psychological disguised corporal punishment.
Furthermore, words and deeds are insulting and derogating, insulting or infringing upon students' personal dignity with discriminatory or insulting words and deeds.
It also includes punishing all students for individual or minority violations; punishing students for their personal academic performance; imposing or selective educational punishment for personal emotions, likes and dislikes; and finally assigning students to impose educational punishments on other students on their behalf .
In addition, the "Rules" also make specific provisions on the circumstances under which education should be punished. When it is really necessary, schools and teachers can disobey students, disrupt order, conduct anomie, be dangerous, and infringe on rights and interests. Implement education and discipline at the time.
The person in charge of the Department of Policy and Regulation of the Ministry of Education explained that disobedience refers to students subjectively failing to complete their basic learning tasks; disrupting order, including disrupting classroom order and school education and teaching order; behavioral anomie, mainly refers to smoking, drinking, and other violations of student regulations Dangerous behavior, refers to students committing dangerous behaviors harmful to their own or others’ physical and mental health; infringement of rights, refers to behaviors in which students beat and scold classmates or teachers, bully classmates or infringe upon the legal rights and interests of others.
According to the "Rules", education punishment is divided into three categories: general education punishment, heavier education punishment and severe education punishment.
Among them, general education punishment is applicable to students with minor violations of rules and disciplines, and can be made by the teacher on the spot, including naming criticism, verbal or written review of standing in the classroom during a classroom teaching period, etc., and more severe and serious education punishments are handled by the school. And parents should be notified in time.
The "Rules" are also linked with the Law on the Prevention of Juvenile Delinquency, stipulating that if students commit bad behaviors or serious bad behaviors stipulated in the Law on the Prevention of Juvenile Delinquency, schools and teachers should stop them and implement educational punishments, and strengthen discipline.
In Chu Zhaohui's view, the "Rules" clarify the scale of punishment and lay a foundation for all parties to reach a consensus on education punishment. It will greatly reduce the ambiguity and disputes of parents, the public and the society on education punishment.
However, this does not mean that the punishment of teachers will no longer be disputed in the future.
Because discipline as a part of education is an art in itself, its use is always in different situations. There is no single standard or method, and teachers must have a certain degree of discretion.
Use the disciplinary system carefully
Lide Shuren has a long way to go
As a front-line teacher, Xue Nan still has some confusion about the "Rules": "The one behavior that cannot be done in the process of teacher discipline is'assign students to impose educational discipline on other students.' But in reality, there may be teachers who use the ruler. One class of things is handed over to students so that they can beat themselves when they make mistakes, and the weight is controlled by themselves. In this case, is it considered that teachers have crossed the red line? The establishment of study groups is the current practice of many schools, and the team leader appointed by the teacher In order to improve group performance, let students copy homework or use other methods to discipline students. How should this situation be treated?"
Cheng Fangping said that although the "Rules" stipulate what disciplinary actions can and cannot be done by teachers and schools, they are still more principled and the rules are more general.
In reality, there are various forms of punishment, and this enumeration method is prone to loopholes or unclear explanations.
Therefore, disciplinary actions should be further divided in depth and detail, and at the same time the disciplinary bottom line should be clarified. Once this bottom line is exceeded, any disciplinary action is illegal.
In Cheng Fangping's view, the disciplinary system should never be used first or must be used. The "Rules" only emphasize that teachers have such rights.
Teachers may be in a weak position in public opinion, but they are still in a strong position relative to parents and students. They must be cautious in using the power of punishment and clearly distinguish between abuse and punishment.
A qualified teacher will definitely communicate with students and parents in a variety of ways, and the way of educating students is not limited to discipline.
Cheng Fangping said: “After disciplinary action or before formulating some disciplinary measures, parents must be informed and the parents and students’ consent must be obtained. After disciplinary action is implemented, you must communicate with students in a timely manner and tell him the reason for doing so. At the same time, pay attention to listening to students’ thoughts to avoid negative emotions. Parents and students who think that punishment is improper can also appeal and justify. These are detailed in the "Rules."
Chu Zhaohui mentioned that the "Rules" emphasized that the implementation of educational punishment should follow the principles of education, legality, and appropriateness.
Teachers should use punishment in different ways for different students according to their own understanding of students. The characteristics of students' personality, fault process, motivation and effect, and psychological state should all be considered as the background conditions for the implementation of punishment.
Chu Zhaohui said that wise teachers should use active guidance first and use discipline when they are forced to do so.
Regarding punishment as a high-hanging sword, so that every student can see its majesty, but it may not touch the student's body with it.
In terms of use, the "Rules" themselves are the "discipline" that every student in school must face, and it is not necessary to punish a specific student to play the educational effect of discipline.
Teachers should never use their own emotions to punish them, especially when they are obviously irrational.
Many experts interviewed said that to truly play the role of education and discipline, it is not enough to rely on teachers alone.
Cheng Fangping said that local schools and education departments should also take the responsibility to organize teacher training in a timely manner and learn relevant content of the "Rules".
Chu Zhaohui said that in the face of reports, schools should support and supervise teachers in the proper performance of their duties and safeguard teachers' legitimate rights and interests. If teachers are not at fault, they shall not be punished or otherwise unfavorable for their implementation of educational discipline.
In addition, in the implementation process, we should also pay attention to the equal protection of the rights of teachers and students, which is also an inevitable requirement for governing education according to law.
"The "Rules" give students, parents and other relevant parties involved in the formulation and improvement of school rules and disciplines in accordance with the law, clarify student behavior standards, and improve the space and opportunities for implementing educational punishments, showing the openness of the rules. Students participate in the formulation of class rules and disciplines. Voluntary compliance and conscious supervision of the implementation itself are the most effective education. In the process of implementation, each school should formulate appropriate rules based on the specific circumstances of the school, which tests the wisdom of school administrators." Chu Zhaohui said.
In Chu Zhaohui's view, the issuance of the "Rules" is a new starting point, and the key is to implement them well.
In the process of exploration, establish and improve the implementation, supervision and relief mechanism of educational punishment, so that schools and teachers can use, dare to use, and use educational punishment with caution, so that parents and society can understand, support, and cooperate with the education and management of schools and teachers. Together to achieve the goal of Lide Shuren.