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美、德两国分别确立了教育惩戒应遵循的核心原则:正当程序原则和比例原则,以避免惩戒的任意、武断、错误或不当,谋求教育惩戒权与学生权利的平衡。同时,两国都对实践中常见的教育惩戒形式加以明确规范,强化了教育惩戒的可操作性。我们应借鉴美、德两国经验,通过立法确立教育惩戒的合法地位,并对教育惩戒的原则和形式加以明确规范,以保障教育惩戒合法、有序地行使。
The United States and Germany respectively established the core principles that education punishment should follow: the principle of due process and the principle of proportionality, so as to avoid any arbitrariness, arbitrariness, mistake or improper punishment and to seek a balance between the right of education and punishment and the right of students. At the same time, both countries have clearly regulated the forms of education and punishment that are common in practice and have strengthened the maneuverability of education and discipline. We should learn from the experience of the United States and Germany and establish the legal status of education and discipline through legislation. We should also standardize the principles and forms of education and discipline so as to ensure that educational disciplinary actions are exercised in a lawful and orderly manner.