教育法学典型案例分析（Analysis of typical cases of educational law）.doc

教育法学典型案例分析（Analysis of typical cases of educational law）Analysis of typical cases of educational lawPublished in 2010-7-24 22:26:54 hits: 2899 join my collection1676-Analysis of typical cases of educational lawCase 1. teacher anger caused two students head hit head injury casecase on April 8, 1999, a middle school Chinese teacher Zhang Yunxiao is on the platform correcting homework, when, 14 years old leaf and deskmate because the seat who use how much quarrel, and then move to join hands. Mr. Zhang was so angry that the two men hit him in the head as they pushed them outside the classroom. After school home leaves, the spirit that is abnormal phenomenon, eyes dull, and do not speak to others. Wake up at night and say something that scares and fears until the dawn. Second days ye couples with the help of the school, the leaf has been sent to several hospitals, but the condition has not improved, during the period has not come to school. In November 5, 1999, the leaves were rushed to the citys second psychiatric hospital, diagnosed with reactive psychosis and cerebral vasospasm. Due to a medical expenses for repeatedly failed, parents Yizhisuzhuangjiang school and Zhang sued the city intermediate peoples court, pleading for the school to take her treatment pay medical fees of 35881 yuan, the other requirements of the spirit of solatium 250 thousand yuan. The court held that, due to the improper way of education the injured plaintiff consequences, because the defendant Zhang is teaching duties in the teaching activities of the tort, the school shall bear the liability for compensation. Therefore the defendant Corporation schools bear the main responsibility, compensation for the plaintiff Yemou medical expenses, hospital food subsidies, follow-up treatment costs, nursing staff lost income, transportation fees, miscellaneous expenses, identification fee of 52.5 yuan, and emotional charges totaling 45000 yuan.analysis this case involves two questions: first, is teacher Zhangs behavior a normal way of education or an inappropriate way of teaching? Two, is there an inevitable causal link between inappropriate education and the outcome of the plaintiffs injury? Obviously, teacher education is improper, when he found the leaves with the table after a quarrel, a very simple rude attitude, let two students standing on the podium, and holding two students to two students of the head of hair, collided, and repeatedly reprimanded, did not notice the plaintiff no change considering the bearing capacity of her emotions, two corporal punishment continued into the afternoon after school. As the plaintiff suffered a lot of mental damage, he was also psychologically injured, unable to study at school and remained at home on drugs to stabilize his mood. The defendants actions lead to the plaintiffs mental illness, and the defendants actions are directly related to the plaintiffs injury, or lead to the direct cause of the plaintiffs mental illness. Of course, the disease is not all caused by Zhangs behavior, because the court investigation found that the plaintiffs poor psychological capacity, has always been weary of learning, has long been the cause of mental illness. Therefore, the court ruled Zhang took the 70% major liability. Since Zhang is in the teaching activities to fulfill the teaching duties of infringement, the school should bear the responsibility for compensation.This case reveals that corporal punishment or corporal punishment of students in disguised form is not only a violation of professional ethics, but also a violation of law. Corporal punishment is an Act expressly prohibited by the relevant laws of our country. Many laws, such as education law, teacher law, minor protection law and compulsory education law, forbid corporal punishment or corporal punishment of corporal punishment in disguised form. No matter what motive or purpose the teacher may do, he may not carry it out. A teacher who exercises corporal punishment on students and causes injury to students shall, in accordance with the provisions of the law, be subject to administrative, civil and criminal penalties.Case 2. college students cheating in school due to cheatingcase a university student Yan an examination, in the paper below there is a note written on the formula, was invigilator found and confiscated. After the school believes that a strict exam cheating, bad attitude, so it made a decision to drop out of punishment. Yan decided not to accept the schools decision to send a complaint to the school, but the school has not yet given any written reply.case studies1., the main legal relationships involved in this case are schools and students.2., the case is a school violation of students right to education. The school should bear the corresponding administrative legal responsibility.(1) "clear provisions of" ordinary college student management, student assessment "serious violations of discipline or cheating, the course examination results recorded as invalid, and by the school as the violation or cheating plot, give criticism and education and the corresponding disciplinary action." In this case, due to a violation of the examination discipline, strict discipline should be given to the school according to the degree of discipline.(2) the Constitution clearly states: "citizens of the Peoples Republic of China have the right and obligation to receive education."." Accordingly, the school discipline should be appropriate for a strict, and should not arbitrarily deprived of a strict as a citizens right to education, not arbitrarily expelled yan.(3) the education law clearly states: "an educated person enjoys the following rights:. (four) refuses to accept the punishment given by the school, appeals to the authorities concerned, and appeals to the school or the teacher for infringement of their personal rights and property rights, or file a lawsuit according to law." Therefore, it is legal for Yan to make a complaint to the school, and the school should accept the students representations in time.3., the case triggered thinking:(1) students should strengthen their moral cultivation, be honest and trustworthy, self-discipline, self love, strictly abide by the school rules and regulations and examination discipline, and resolutely resist cheating in examinations.(2) schools should actively uphold the discipline of examination, and punish them in accordance with the law.(3) the school should be a legitimate exercise of their rights, according to the law to protect the right to education of students, discipline for students should be irrefutable evidence, to a proper extent, in accordance with the law, shall not expel students, deprive students right to education. The responsible person should bear the corresponding administrative legal liability for his own infringement.(4) when the legal rights of students are infringed, they should use legal weapons correctly to safeguard their legitimate rights.(5) schools should comply with the relevant legal procedures and accept the students complaints in a timely manner.(Note: this case is from the interpretation of the education law course of Central Television University)Case 3.9 year old students speak in class, the teacher tape sealed his mouthcase on the afternoon of December 19, 2001, a class of three (1) students in a primary school took music lessons in the school music room. When the music teacher Ding played the piano, Wang, who sat down, talked all the time. Miss Ding began to "warn" Wang Tongxue: "stop talking in class and seal your mouth with tape if you talk again.". But 9 year old Wang classmate did not listen to the teachers words, and began to talk to himself. This time, master Ding was on fire. Immediately he stood up and walked up to Wangs classmate. He took out a box of adhesive tape and put it on his mouth. All the students at once and now the king set the whole room roaring with laughter, but the students burst into tears, Dante teacher looked at, did not bother to continue school. In this way, Wang classmate was sealed, mouth finished half of the music class, in the laughter of students, all the way back to the classroom crying.case studies1., the subject of educational legal relationship in this case is: Ding teacher, Wang classmate and school.This is the 2. together by corporal punishment caused by violations of the rights and interests of students, teachers Dingmou in violation of the "Education Law", "Compulsory Education Law", "teachers law", "law on the protection of minors" relevant provisions of the violation of the right to education and students personal rights.The education law stipulates that an educated person has the right to participate in all kinds of activities arranged by education and teaching plans, and use educational and teaching facilities, equipment and books and materials".The provisions of the "Compulsory Education Law", "teachers should respect the students personality and may not discriminate against students may not corporal punishment, corporal punishment in disguised form or other insultpersonal dignity behavior for the students, shall not infringe upon the legitimate rights and interests of students"The provisions of the "law" of teachers, teachers shall perform the following obligations: (a) to abide by the constitution, law and occupation morals, should be "teacher" (four) take care of and cherish all the students, respect students personality, promote students all-round development in morality, intelligence and physique etc.".The provisions of the "law on the protection of minors": "the staff in schools and kindergartens shall respect the personal dignity of the minors, not for minor students or children to corporal punishment and corporal punishment in disguised form or other insultpersonal dignity behavior."Therefore, although the student Wang talking in class, students failed to fulfill their obligations as well, but the teachers should adopt positive educational measures in accordance with the law, and should not be taken legally prohibited acts against the interests of the students. The teacher will students mouth shut, limits the students music lessons free, so that students can not participate in the normal education and teaching activities, this approach is not only an insult, corporal punishment on students personality of the students, the students personal right infringement behavior, but also a violation of the right to education for students. It violates the relevant provisions of the above laws.The provisions of the 3. "Teachers Law": "teachers in any of the following circumstances, given administrative punishment or dismissal by their schools, other educational institutions or administrative departments of Education: (a) did not complete the task of education and teaching loss to educational and teaching work; (two) corporal punishment of students, the education reform; (three) improper conduct, insulting students,Bad influence. If a teacher has any of the circumstances listed in Item (two) or third of the preceding paragraph, if the circumstances are serious enough to constitute a crime, he shall be investigated for criminal responsibility according to law."Therefore, teachers should bear the corresponding administrative responsibility, and should apologize to students and prevent such behavior from happening again. Schools and educational administrative departments should firmly stop teachers from using tapes to seal students mouths, and can handle them accordingly according to the teachers attitudes.4., this case brings us enlightenment:(1) teachers should strengthen legal awareness, conscientiously fulfill the duties of the teacher, entrusted by the State shall not abuse the right to education (mainly the power of teaching and management of students rights), not corporal punishment on students, shall not infringe upon the interests of the students. And should bear the corresponding legal responsibility for their infringement.(2) students should conscientiously fulfill their obligations, abide by the rules and regulations of the school, conscientiously abide by the discipline of the classroom, and should be corrected for their own violations of discipline and other peoples learning behavior. They also have the right to lodge complaints or lodge lawsuits against teachers in violation of the law.(3) schools should strengthen the legal education and supervision of teachers, and resolutely stop the illegal activities of teachers, and deal with them accordingly. At the same time, we should also strengthen the education of students so that they can conscientiously fulfill their obligations.Case 4. classroom stretch, pencil stabbed classmate eyescase Wang and Lu is a primary school grade six classmates. The free time before school one afternoon, in the classroom for math teacher Wang to his homework, from his seat on the podium with homework, after sitting in front of the Lu side, Lumou stretched, pencil tip to poke into the Wangs left eye. At that time, Wang rubbed his eyes because of pain, did not care, go back and did not tell the family. Second day class, the teacher found Wang frequently rubbed his eyes, asked Wang learned that his left eye was stabbed, but did not take any measures. The next night, Wangs father at home found Wang left eye redness and tears, asked to know the truth, that is, with his son to the hospital for treatment. After surgical treatment, Wang eyes and with sympathetic ophthalmia, a sharp decline in visual acuity. Hospital identification of Wangs visual acuity was 0.06, visual acuity was 0.2, and no correction, corneal laceration of the left eye, traumatic cataract eyes, sympathetic ophthalmia, has reached six disabled. Wang although the condition has stabilized, but may attack at any time, may cause the binocular blindness finally. Wang in the absence of claims, the students Lumou and the school court, and asked the two defendants compensation more than 11.9 yuan.After the court held that the school and the injured students were injured Wang injured, two defendants were sentenced to compensate the injured Wang loss of 74200 yuan, of which Lumou bear 90% of the responsibility, the school bear 10% of the responsibility.case study in this case, the subjects involved are school, student, Lu, Wang and their guardian. The primary school was not responsible for the accident because it happened during the free time after class, and the incident was an accident. However, the school has been informed of the aftermath of the improper handling, there is a fault. As a teacher, should be aware of the serious consequences of Jianzh