The Response of Teachers'Moral Governance in a Tendency of Judicial Modesty:An Analysis Based on 222 Judicial Documents
Justice is an important force to promote the improvement of legislation and the optimization of law enforcement.The judicial documents show that the judges judge the teachers'ethics on the basis of fully respecting the legislative power of the legislature,the law enforcement power of the law enforcement organ and the autonomy of the educational institution,and the judicial modesty tendency is obvious.The judicial modesty of teachers'ethics conforms to the spirit of modern rule of law,but it also causes the internal tension between the supply of teachers'ethics law and the needs of teachers'ethics governance,as well as the excessive discretion of teachers'ethics management in educational management departments and educational institutions.In response,the current teachers'ethics legislation should take the principle of proportionality as the legislative internal control mechanism,change the legislative thinking,legislative methods and legislative forms,and avoid repeating the"symbolic legislation"of the teachers'ethics provisions in previous education laws.The law enforcement of teachers'ethics should improve the supporting measures for law enforcement,reform the law enforcement system of teachers'ethics and optimize the law enforcement procedures as soon as possible,prevent the abuse of the discretion of law enforcement agencies,protect the rights of teachers and students,and promote the formation of a long-term mechanism for teachers'ethics governance.
teachers'ethicsjudicial modestysymbolic legislationdiscretionary power
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