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1.
教师运用惩戒权具有重要意义,但由于现实生活中人们把惩戒和体罚混为一谈,加之立法规定的不足,致使教师惩戒权处于混沌状态,影响了教育功能的正常发挥。事实上,惩戒和体罚有着本质区别。我们必须科学界定教师惩戒权,并对其进行正确运用。  相似文献   

2.
本文主要区分教师惩戒与教师对学生的体罚之间的差异,力图论证教师惩戒权是教师教育权力的一个重要组成部分,具有合理性与合法性。学生有义务服从教师的管理,教师也必须合理使用惩戒权,教师行使惩戒权不是对学生的体罚与变相体罚。  相似文献   

3.
教师惩戒行为中包含体罚的因子,由此导致惩戒与体罚界限模糊,这是时下导致是否应赋予教师惩戒权争论的关键所在.没有惩戒的教育是不完整的教育,规定合理适度的教师惩戒权,有助于教育目标的实现.教师惩戒行为的行使是正当行为,理应阻却行为违法性的发生.同时,教师惩戒权行使应有合理的限定,超出社会容忍的限度,则应承担相应的刑事责任.  相似文献   

4.
关于教师惩戒权与人性的思考   总被引:3,自引:0,他引:3  
惩戒权的存在,使得教师体罚学生在某种意义上成为理所当然的事情,作从人性的角度对惩戒权予以阐释、批驳,并认为,教师无权惩戒。体罚学生,某些教育体制要彻底改革。  相似文献   

5.
英国教师惩戒权的发展从探索到日趋完善经历了全面禁止体罚、恢复教师惩罚权力、出台《2006 年教育与督学法》和出台《学校中的行为与纪律》四个阶段。然而在我国,教师惩戒权的实施并没有明确的法律法规支持,使用的过程中也面临着滥用教师惩戒权和教师惩戒权缺失两大问题。对比英国教师惩戒权的发展,吸收其经验教训,我国教师惩戒权的发展在制度、实施、管理和使用层面必须做到明确立法、完善程序、灵活惩戒和沟通合作。  相似文献   

6.
《教师教育研究》2016,(2):96-100
惩戒权是教师基于特定职业所享有的管理学生权。由于我国教师惩戒权立法缺失,中小学教师惩戒权的行使遭遇困境。我们在调查中发现,中小学教师惩戒权行使中,两级现象相当严重:一方面,教师惩戒权的正当行使屡遭质疑,以致不少教师不敢惩戒;而另一方面,教师体罚学生现象较为严重。问题破解的关键在于,尽快出台专门法规,确立教师惩戒的基本原则,明晰教师惩戒权的法律边界,完善教育权利救济机制。同时应强化教师的法律观念,依法行使教育权利。  相似文献   

7.
教师应该拥有惩戒权,这是法律法规赋予教师对学生的一种管理权,也是教师职业特点所决定的;但同时,教师又不能体罚或变相体罚学生,否则将违反我国有关法律的禁止性规定。要破解惩戒与体罚这一两难问题,教师在惩戒学生时必须遵循合法性原则、爱心原则、教育性原则、适度性原则、个别差异性原则。  相似文献   

8.
体罚教育方式是人类社会特有的一种教育手段.一般来讲,体罚是指教师为达到某种教育目的,使用各种手段对学生身体施加惩罚,使学生身心受到损伤的一种教育方式.体罚是教师合法教育惩戒权的不当行使.体罚分为体罚和变相体罚两种.  相似文献   

9.
惩戒权是教师教育权力的重要组成部分,惩戒与体罚二者有本质的不同,惩戒权的缺失不利于增强学生遵纪守法的意识、责任感,不利于培养学生的健康心理。  相似文献   

10.
我国法律没有规定教师对学生亨有惩戒权,但是这并不妨碍教师对惩戒权的研究与行使:在美国,家长不准体罚孩子.但是.并非不惩罚孩子。我们来看一个“体面地接受肉刑”的故事:  相似文献   

11.
体罚一直是各国立法的热点和难点问题,我国经历了百年废除体罚艰难,到如今却仍举步维艰。基于对传统文化同情的理解,深刻领会他国对于体罚问题的观点和价值判断后发现,我国体罚制度从实体制度到程序规制的整体缺失是我国体罚权论争的结症所在。为了巩固废除体罚的成果,我们势必要思考如何定纷止争;如何在实现禁止体罚的同时,不削弱教师的管理权。  相似文献   

12.
In many countries, corporal punishment of school children continues to be an officially or unofficially sanctioned form of institutional child abuse. Continuing support for the use of corporal punishment is related to the following factors: (1) widely held beliefs regarding the effectiveness of corporal punishment, (2) an unawareness of problems resulting from the use of physical punishment, and (3) a lack of knowledge about effective disciplinary alternatives. The purpose of this paper is threefold: One is to show that many of the beliefs are myths, e.g., corporal punishment is not needed to build character. The second purpose is to show that physical punishment can lead to more problems than it appears to solve, e.g., the punitive teacher is avoided, and thus, is not a positive factor in the child's education and development. The third purpose is to discuss two types of alternatives to punishment, the social learning approach and communication skills training. These positive methods of discipline not only enhance classroom behavior, but also facilitate learning. In an atmosphere free of abusing and demeaning acts and in a classroom characterized by positive mutual regard, teachers can maximize their effectiveness as teachers and students can maximize their effectiveness as learners.  相似文献   

13.
BackgroundCorporal punishment is a commonly used form of disciplinary technique. Sanctified parental attitudes of corporal punishment have been found to be a significant predictor of parental use of corporal punishment in previous research, while little is currently known about the reciprocal relations between parental use and their attitudes of corporal punishment.ObjectiveThis research aimed to examine the reciprocal relations between mothers’ and fathers’ use and attitudes of corporal punishment in China.MethodsData were collected on a total of 320 Chinese father-mother dyads with their children (10–11 years of age at baseline) through convenience sampling techniques at two time points, one year apart. Parents completed self-report measures of mothers' and fathers' use and attitudes of corporal punishment. Children completed self-report measures of parental corporal punishment.ResultsThe cross-lagged analysis indicated that parental attitudes of corporal punishment in a given year predicted their use of corporal punishment in the subsequent year both for mothers (β = 0.15, p < .01) and fathers (β = 0.10, p < .05), while their corporal punishment in a given year did not predict their attitudes of it in the subsequent year (βs < 0.11, ps > .05).ConclusionsFindings indicate that the reciprocal relations do not emerge, with only attitude-behavior effects being evident for both mothers and fathers, while behavior-attitude effects were not present. Findings in the present study highlight the importance of changing both mothers’ and fathers’ favorable attitudes toward corporal punishment when conducting appropriate prevention intervention to decrease its use.  相似文献   

14.
OBJECTIVE: To examine the occurrence, type and associations of harsh corporal punishment in Yemen. METHODS: Caregiver and teacher reports were obtained on 1,196 Yemeni 7-10-year olds obtained by systematic random sampling of children in the 1st to 4th grades of urban and rural schools. Caregivers (86% mothers) reported on disciplinary practices, socio-familial background, and child psychopathology. Teachers reported on school performance and child psychopathology. RESULTS: More than half of the rural caregivers and about a quarter of the urban caregivers reported using harsh corporal punishment (hitting children with implements, tying them up, pinching them, or biting them). Harsh corporal punishment was significantly associated with poor school performance and both behavioral and emotional difficulties. The socio-familial factors that were independently associated with harsh corporal punishment were: rural area, male gender of the child, low maternal education, and large family size. CONCLUSION: Harsh corporal punishment is very common in Yemen. International findings suggest that the association with school failure and psychological maladjustment may well be causal. Promoting parental use of effective and non-violent disciplinary methods should be a public health priority. Practice implications: Yemen urgently needs to develop and evaluate programs that teach parents how to use culturally appropriate rewards and non-abusive sanctions to shape children's behavior without stunting their academic and emotional development. Persuading parents to adopt such approaches may need programs that focus not just on techniques but also on attitudes, e.g. challenging the commonly held belief that children will not develop properly unless they are beaten when they do wrong.  相似文献   

15.
This paper focuses on the now-discarded practice of corporal punishment at Morris Isaacson High School, an important public school in Soweto. Corporal punishment, widely accepted by both students and parents, was central to the disciplinary regime of the school during the 1960s and 1970s. ‘Morris’ was one of the very few high schools in Soweto to remain open and functional during the turbulent 1980s; some argue that it was the rigid discipline that allowed the school to survive in a context of generational upheaval. During the late 1980s and early 1990s pressure mounted on the educational authorities to abolish corporal punishment until it was eventually outlawed under the new constitution in 1996. Though many saw this an important victory for human dignity, there remains a very popular nostalgic narrative that blames the abolition of corporal punishment for the collapse of school discipline in the democratic era.  相似文献   

16.
校园零体罚是目前中小学教育最关切的议题之一。教育部早已发布了禁止对学生体罚或变相体罚的指示学生自主权获得了更进一步的保障,然而学校及教师对学生的管教态度与方式却也同时面临了前所未有的挑战。因此,本文主要针对美国学校体罚之现况、相关法律基础,探讨目前美国中小学生管教方法之替代方案。期望通过本研究增进我国对美国学校体罚状况的了解以及新的思考方向。  相似文献   

17.
肉刑是中国古代早期一种残酷的刑罚,延续千年,而在汉文帝时得以废除,有其历史必然性。汉文帝废除肉刑这一事件本身也反映出汉初特有的思想文化、政治文化和经济文化,汉初统治者的慎刑思想、"无为而治"的治世理念以及封建社会经济发展的要求都是废除肉刑改革的催生剂和内动力。同时,汉文帝废除肉刑的成功历史经验也给当代中国废除死刑的实践提供了有益的启示,尤其对于死刑改革中政治决策者作用的定位及刑罚改革的立法技术问题,具有借鉴意义。  相似文献   

18.
While corporal punishment is widely understood to have undesirable associations with children's behavior problems, there remains controversy as to whether such effects are consistent across different racial or ethnic groups. We employed a Bayesian regression analysis, which allows for the estimation of both similarities and differences across groups, to study whether there are differences in the relationship of corporal punishment and children’s behavior problems using a diverse, urban sample of U.S. families (n = 2653). There is some moderation of the relationship between corporal punishment and child behavior by race or ethnicity. However, corporal punishment is associated with increases in behavior problems for all children. Thus, our findings add evidence from a new analytical lens that corporal punishment is consistently linked to increased externalizing behavior across African American, White, or Hispanic children, even after earlier externalizing behavior is controlled for. Our findings suggest that corporal punishment has detrimental consequences for all children and that all parents, regardless of their racial or ethnic background, should be advised to use alternatives to corporal punishment.  相似文献   

19.
我国颁布的多部教育法律法规都明确规定,禁止教师体罚和变相体罚学生,但在教育理论和实践中,对什么是体罚和变相体罚,一直存在模糊的认识,从而导致部分教师仍继续犯体罚学生的错误,而另一部分教师又不敢大胆地管学生,甚至放任学生,降低自己工作的责任心。所以,必须明确处罚、体罚、直接体罚、间接体罚(变相体罚)以及侮辱学生人格的处罚等概念的内涵及其相互关系,同时,还必须明确,禁止教师体罚学生是教育发展和人类进步的要求,以杜绝中小学教师的体罚行为。  相似文献   

20.
A look at corporal punishment and some implications of its use   总被引:1,自引:0,他引:1  
The author notes several legal, social, philosophical and educational attitudes common to Canada and the United States which have, for centuries, characterized the uses of corporal punishment with children. Specifically, corporal punishment is viewed as a technique for developing discipline within the school system. Inconsistencies in both Canada and the U.S. are noted regarding court decisions and their application in the classroom. Recent revisions to The Ontario Child Welfare Act are discussed in light of its implications for parents and teachers who physically punish their children or students. Research findings related to corporal punishment and their implications for schools are cited. Negative side-effects of administering punishment are also described. The evidence suggests that corporal punishment besides being an ineffective learning technique, is not the uncomplicated, quick solution many may think it. The author concludes by proposing that because of their important role in the lives of developing children and considering the resources devoted to teacher training, teachers should be held as legally accountable for their use of corporal punishment with children as parents are. As well, he indicates the need for (1) increased teacher training in the areas of child management, classroom management and interactional processes; (2) greater opportunity to devise creative problem-solving strategies; and (3) a re-ordering of priorities at universities, colleges and faculties of education which would benefit not only teachers, but ultimately their students.  相似文献   

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