论教师惩戒纠纷的司法审查OACHSSCD

Teacher disciplinary disputes,as non-documentary public law disputes that infringe upon the personal rights and interests of those being disciplined,essentially fall under school disciplinary disputes rather than being an independent category of disputes.They encompass various types at the normative and practical levels,including general educational disciplinary disputes,disputes over temporary restraint measures,and disputes over relatively severe and serious educational disciplinary actions.The public law nature of teacher disciplinary disputes determines that they should be resolved through public law channels.However,due to the long-term lack of relevant norms on teacher discipline,such disputes have been channeled into civil litigation and formed corresponding civil litigation-based relief models.The"public law relationship—private law liability"approach followed by the civil litigation relief model has played its due role in rights protection and relief when the relevant systems of educational discipline are not yet perfect,and has solved the civil compensation problem in teacher disciplinary disputes.However,it has confused the boundary between public law infringement and civil infringement,potentially inducing the"softening"of teacher disciplinary rights and providing an excuse for the relevant subjects to evade public law responsibilities.In comparison,the judicial review of teacher discipline disputes has sufficient legal theory,norms and practical support,and is more in line with the legal goal of substantive resolution of educational administrative disputes.To enhance its effectiveness,the scope of judicial review of teacher discipline disputes should be broadened.Based on the public interest purpose and the principle of proportionality,the distinction between teacher discipline and related behaviors should be made,and the teacher disciplinary disputes should be included in the scope of administrative compensation.