摘要
全面推进依法治教是贯彻落实习近平总书记全面依法治国新理念、新思想、新战略的重大政治任务,是加快教育现代化、建设教育强国的迫切要求,也是长期以来教育事业改革发展的经验总结。此次《中华人民共和国民法典》(以下简称《民法典》)修改最大的亮点就是人格权独立成编,然而近年来,尤其是互联网时代高校学生在校期间发生的人格权侵权案件数量众多,高校对此类事件的应对方式陈旧,处理结果难以令各方满意,在网络的助推下,舆论持续发酵,给教育系统带来巨大的负面效应。究其原因,在于实践依法治教的薄弱以及日常学生思政教育与教育管理中法治教育的薄弱。文章将高校人格权侵权问题进行分类,以案说法,追本溯源,提出在思想政治教育、教育管理、师德师风监督过程中增强法治教育的实践性建议。
Comprehensively advancing the rule of law in education is a major political task to implement General Secretary Xi Jinping’s new concept, new thought and new strategy of comprehensively governing the country in accordance with the law. It is an urgent requirement for accelerating the modernization of education and building a strong education nation, and it is also a long-term experience in the reform and development of education. The biggest highlight of this revision of the "Civil Code of the People’s Republic of China"(hereinafter referred to as the"Civil Code") is the independent compilation of personality rights. However, in recent years, especially in the context of the Internet, there have been a large number of cases of personality rights infringement during college students’ stay at school. The response methods of colleges and universities to such incidents are outdated, and the results are difficult to satisfy all parties.With the help of the Internet, public opinion continues to ferment,which has brought huge negative effects to the education system.Investigating its root causes, the main reason is the weakness of the practice of governing education by law and the weakness of rule of law education in the daily ideological and political education and management of students. This paper classifies the infringement of personality rights in colleges and universities, uses cases to explain, traces the origin, and puts forward practical suggestions to strengthen the rule of law education in the process of ideological and political education, education management,and supervision of teachers’ ethics and styles.
出处
《科教文汇》
2021年第36期20-22,共3页
Journal of Science and Education
关键词
法治教育
人格权
实证研究
rule of law education
personality rights
empirical study
