The Regulatory Pathways for the Integration of Public and Private Laws in the Discipline in Education
There are two ways to define the nature of educational punishment:a power and a right,which correspond to public power regulation and private law autonomy,respectively.The former,based on the concept of statutory authority,is colored with a strong public power,while the latter,which starts with school autonomy,emphasizes soft-law shaping according to a school's articles of association,school discipline,and class rules.There are difficulties in the single regulation of educational punishment based on the definition of a public right.For example,insufficient legal authorization leads to the lack of the legitimacy of punishment,there is a contradiction between the logic of public-law sanctions and the regular pattern of educational activities,and the settlement of disputes over educational punishment mainly relies on civil litigation.The definition of private-law autonomy based on rights is of theoretical value and on a normative basis;it helps to improve the balance between the regular pattern of education and rule-of-law thinking,and safeguard the autonomy of teachers and schools,but its effect depends on the limited intervention by national laws.To improve the implementation of educational punishment according to law,we shall,based on the integration of public and private laws,impose multi-dimensional regulation on the implementation of educational punishment by optimizing the normative basis of legal boundary control,improving the soft-law governance mechanism for school regulations,and consummating the institutional carrier of severe punishments.
discipline in educationthe integration of public and private lawsteachers'autonomyschool autonomy