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      • 中小学教师行使教育惩戒权的法律问题研究

        宿力嫄 ( Su-liyuan ),李佳童 ( Li-jiatong ) 경상대학교 교육연구원 2023 현대교육연구 Vol.35 No.1

        The power of punishment for primary and secondary school teachers is the right of teachers to intervene and punish students in accordance with laws and certain procedures in order to realize the purpose of education. As the leader of school education and teaching activities, primary and secondary school teachers enjoy the right of educational punishment power of educational management, which is of great significance to ensure the achievement of educational and teaching objectives in primary and secondary schools. Punishment education and appreciation education complement each other. They are two important education methods for primary and secondary school students, and are an indispensable part of the education system. Therefore, most scholars and the public believe that primary and secondary school teachers should be endowed with the power of educational punishment. However, with the rapid development of the Internet, the network public opinion has greatly affected the normal exercise of the educational punishment power of primary and secondary school teachers. In addition, the non-standard management and legislation of education departments and schools on the power of educational punishment are not perfect, which leads to the great dilemma of teachers in exercising the power of educational punishment in teaching activities. So this paper on the basis of primary and secondary school education disciplinary rules (trial), from the analysis of primary and secondary school teachers education disciplinary power legal attribute and basis, expounds the teacher education punishment, analyzes the problems of the teachers, explore the teacher education disciplinary power legal system, determine the basic principles of teachers exercise disciplinary power, finally suggested perfecting the education disciplinary power legal system, especially the teacher education disciplinary legal basis, applicable scope, implementation methods and relief measures, etc. Improving the educational punishment system of primary and secondary school teachers is an inevitable requirement of the school administration and teaching according to law, which is not only to empower the power of teachers' education punishment, but also to provide a strong guarantee for the legitimate rights and interests of students.

      • 校园的几点刑事法律风险及预防教育研究

        李鹏 ( Li-peng ),宿力嫄 ( Su-liyuan ) 경상대학교 교육연구원 2022 중등교육연구 Vol.34 No.2

        未成年人犯罪是当今世界各国普遍存在的社会现象。中国的未成年人犯罪存在低龄化、暴力犯罪为主、受互联网负面影响等一些突出特点。近年来, 频频发生的未成年人校园暴力犯罪事件, 已经严重威胁到了校园乃至社会的安全, 对于师生的身心健康等都有着严重危害。当前未成年人校园暴力犯罪的规模与程度不断加深, 表现形式也愈发复杂, 必须引起足够的重视。为了解决未成年人校园暴力犯罪频发的问题, 近年来各机构或单位都各尽所能尽自己的一份力。正所谓防患于未然, 我们应当及时而又严格的规制规范未成年人的行为, 让犯罪因子无萌芽之土壤, 因此有必要对此类问题进行深刻研究, 研究未成年人校园暴力犯罪的现状与特征, 采取针对性角度分析其存在的问题, 从而确保未成年人校园暴力犯罪的预防管理。只有这样, 才能创造一个阳光安全的校园, 培养出幸福快乐的学生, 为整个社会的安定繁荣做贡献。 Juvenile delinquency is a common social phenomenon all over the world. Juvenile delinquency in China has some prominent characteristics, such as younger age, violent crime, negative impact of the Internet and so on. In recent years, the frequent campus violent crimes of minors have seriously threatened the safety of the campus and even the society, and seriously endangered the physical and mental health of teachers and students. At present, the scale and degree of juvenile campus violent crime are deepening, and the forms of expression are becoming more and more complex, which must be paid enough attention. In order to solve the problem of frequent campus violent crimes committed by minors, in recent years, all institutions or units have done their best. Therefore, it is necessary to conduct a deep research on such problems, study the current situation and characteristics of minors' Campus violent crime, and analyze its existing problems from a targeted perspective, so as to ensure the prevention and management of minors' Campus violent crime. Only in this way can we create a sunny and safe campus, cultivate happy students and contribute to the stability and prosperity of the whole society.

      • 留守儿童性侵害的预防教育探究

        庞云荣 ( Pang-yunrong ),王小也 ( Wang-xiaoye ),宿力嫄 ( Su-liyuan ) 경상대학교 교육연구원 2023 현대교육연구 Vol.35 No.2

        儿童性侵害一直是一个备受社会关注的问题, 其中留守儿童更因其缺乏监护人的照看而面临着更大的风险。2023年8月教育部发布的教育统计数据显示, 2023年义务教育阶段农村留守儿童的数量是1550.56万。因此针对留守儿童性侵害的预防教育对于学校和社会来说是一个应该关注的重大课题。 对儿童实施性侵害行为具有严重的社会危害性, 并且也具有刑事违法性, 给受害者的身体与心理都造成很大的伤害。针对儿童性侵害现象, 我们不仅应着眼于如何惩治犯罪, 更应该注重性侵害的预防教育, 防患于未然。中国目前有相对完善的刑法体系来惩治性侵犯罪, 但是在预防教育方面仍有所不足, 尤其在留守儿童的性侵害预防教育方面还有很大的发展空间。 性侵害预防教育同时也是全球范围的重要课题。怎样正确地教育儿童看待性和性侵害, 怎样在缺失家长监护的情况下教育好孩子正确处理此类风险更是一个挑战。性侵害预防教育是性教育的一个分支, 本文将试从学校角度探究对于留守儿童性侵害的预防教育, 从根源减少性侵害的风险。 Child sexual abuse has always been a major concern in society, and left-behind children are at greater risk due to their lack of guardian care. According to education statistics released by the Ministry of Education in August 2023, the number of left-behind children in rural areas in compulsory education in 2023 is 15,505,600. Therefore, the prevention of sexual abuse of left-behind children is a major issue that schools and society should pay attention to. Sexual abuse of children is a serious social hazard and a criminal offense, causing great physical and psychological harm to the victim. In response to the phenomenon of child sexual abuse, we should not only focus on how to punish the crime, but also pay attention to the prevention and education of sexual abuse, so as to prevent it from occurring. At present, China has a relatively complete criminal law system to punish sexual assault crimes, but there are still some deficiencies in prevention education, especially in the prevention of sexual assault education for left-behind children. Sexual assault prevention education is also an important issue on a global scale. It is a challenge to properly educate children about sexual and sexual assault, and how to properly handle such risks in the absence of parental supervision. Sexual assault prevention education is a branch of sex education, and this paper will try to explore the prevention education of sexual abuse of left-behind children from the perspective of schools.

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