从法学的角度出发,教师惩戒权立法理论要解决的基本结构问题应该包括:惩戒是为了什么,为什么惩戒,谁来惩戒以及惩戒谁、惩戒的方式等。这一系列问题的解决,要求合法的惩戒主体、对象、依据以及手段。其中要使惩戒手段合法,必须制定完善的惩戒程序,让实施者惩戒有章可循、有法可依。 From the point of view of law, the basic structural problems to be solved by the theory of teachers’ disciplinary rights should include: what is the punishment, why the punishment, who should punish, who should punish and how to punish. The solution to this series of problems requires that the legal subject, object, basis and means of punishment be correct. Among them, to make disciplinary measures legal, we must formulate a sound disciplinary procedure so that enforcers can discipline their disciplines according to law.