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目前,我国教师惩戒行为与一般犯罪行为的刑法规制模式在本质上并无不同。相比而言,德日英美等国更加注重对教育特性的尊重和社会相当性理论的运用。其中,部分国家甚至将教师惩戒行为认定为正当化事由。具体而言,这些国家主要是通过教育立法明确教师惩戒行为,并确立应当遵守的原则、方式、程序和限度等,进而借助相关教育规范保障刑法适用的客观性与准确性。为此,我国教师惩戒行为刑法规制可以从以下三个方面予以借鉴和完善:注重教育特性的考量,以基本教育原理和指引为前提;加强教育立法,明确刑法的介入限度;引入正当化事由,平衡学生权利与教育秩序的关系。
At present, there is no essential difference in the criminal law regulation mode between the teacher’s disciplinary action and the ordinary criminal act in our country. In contrast, Germany and Japan, Britain and the United States and other countries pay more attention to the respect of educational characteristics and the application of social equivalence theory. Among them, some countries even identified teacher discipline as justification. Specifically, these countries mainly clarify the disciplinary actions of teachers through education legislation and establish the principles, methods, procedures and limits that should be observed, and then ensure the objectivity and accuracy of the application of criminal law through relevant educational norms. For this reason, the punishment regulation of teachers in our country can be borrowed from the following three aspects: First, pay attention to the characteristics of education, based on the basic education principles and guidelines; strengthen education legislation, clarify the limits of criminal law intervention; Balancing the Relationship between Student Rights and Educational Order.