How to miss the time that hands in exercise to should do? Fill hand in exercise to you can have what kind of anxious? These seeing that those who be like every student to be able to be encountered " average issue " , there is those who differ to solve in university of Hua Dongzheng law however.
Recently, university of Hua Dongzheng law because a student did not hand in exercise on time, to the teacher the explanation misses the matter that makes work to hope to fill hand in. The teacher expresses, can prove be delayed in delivery the proper sex of exercise. For this, this classmate was written piece " by the rationality that suspends operation " , do not think the teacher answered " about " be delayed in delivery task proposal " classify law is analysed " , cause netizen heat to discuss.
Article chart all is date of public of People's Daily small letter to pursue
Allow a fellow student " theory be delayed in delivery the rationality of exercise " section choosing
The proper sex that works about be delayed in delivery, should consider to make work above all the purpose of itself of this one behavior. Make work, it is the requirement of school Dean's office on one hand, on the other hand, also be more important, be the capacity that uses place to learn knowledge to solve a problem independently with this education student and offer a teacher to inspect a student to have the basis reference that does not have serious study. Accordingly, if be delayed in delivery to work and do not violate the goal that meets task, did not make the inroad of law beneficial essentially. With Zhang Mingjie the professor is in " criminal law and law beneficial enroach on say " the viewpoint in one article, guilty essence is to encroach law beneficial, because this does not encroach law beneficial,do not have crime namely.
Work to be finished inside formulary time, and the time that agrees in first time (October 15, 2018) take a classroom, enough concludes oneself are necessary without what do not make work intentionally.
Evidence is as follows:
1.Late on October 8, 2018 22: 06, speak of with the classmate had written an electron to stalk of grain (have chatting record, but cut screen)
2.The roommate is in October 9, 2018, see the edition of complete paper quality that oneself work.
3.October 15, 2018 that evening, li Tongxue sees he work to already took the spot.
Mention error again. Oneself at break of the 2nd tax (19: 00-19: 10) went toilet, li Tongxue and I go together and she returns early, have not attendant proof. And another classmate makes clear, the teacher went out to should be made an appointment with in detail in the class intercrop of the 2nd class " can make work now " . Because be absent, this meaning expresses to did not arrive at his. Although was caused,go up objectively damage a result, but either stem from behavior person intended or error, cause as a result of the reason place that cannot foreknow however, missed a meaning because of the physiology instinct that cannot defy accordingly denotive arrive, the incident outside solid fix one's mind on. Him reason error depends on: When generating doubt to making work, enquire not in time to teacher or other classmate.
In view of be delayed in delivery the legal action that exercise is not firm sense to go up, besides reason legal principle, still need to discuss human relationship.
When writing here, I discover to there already was a classmate to undertake transmit to this matter on friend circle, the information that encircles with the friend delivers rate, can foreknow " be delayed in delivery the proper sex of exercise " contend for the attention with had had particular to spend. Adjure what the teacher can expect the earnest look of adjudication result in so much to look attentively at below, give the wrongdoer a way out, exhibit to broad classmate China politics although the teacher is abiding by iron face law to still also have the elegant demeanor of human temperature.
The person is not sages and men of virtue, what can have not been had. In education process, the mistake that the student may commit is countless more. Be like aperture master imperially, be in child after the road publishs shocking opinion on public affairs, it is two pairs road only the criticism that undertook utterance go up, guide, persuade. Today I is delayed in delivery exercise, I although not quick, the inculcate of the teacher that ask a thing also.
On put together, this second be delayed in delivery exercise, subjective the fault that go up is slight, the consequence that lead to is finite, and it is excusable to still be with oneself understanding, him reason discusses please: The teacher finds I work, after normal grading, subtractive and certain mark (is the half enough? ) the achievement that works this as oneself.
In receive those who allow a fellow student " theory be delayed in delivery the rationality of exercise " later, mr. Ma backhand answered again " about " be delayed in delivery task proposal " classify law is analysed " .
" about " be delayed in delivery task proposal " classify law is analysed "
Need discussion issue
One, fill whether to hand in behavior to have formal rationality?
2, fill whether can be the work that make accepted?
3, fill should be the person that hand in denied assume responsibility?
Fill hand in behavior to whether have formal rationality?
Initiative sentence: Already finished when operation course of study only, wait for a reason because of forgetting to take cursorily only, and after be being communicated actively with teacher assuming a tax beforehand, fill hand in behavior to just have formal rationality.
Definition: Assign the intent of exercise, basically depend on inspecting what the student nods to relevant knowledge to master a circumstance, but also can inspect what the student nods to time length to observe a condition at the same time, with examining its have random criterion consciousness.
Classify: After exercise is finished, the student's control circumstance can be able to objective account, basically inspect a purpose attain at coming true. As to regular consciousness, through referring exercise in time to be able to make judgement. The person that special situation cannot be referred on time, through be being communicated actively with teacher assuming a tax, ask for so that its fill the license that reach, also can regard pair of regular abidance as. However, have a fact to make clear, to this exercise cannot be referred on time, fill the person that hand in did not make a specification to schoolteaching teacher beforehand.
Metaphase conclusion: Fill the conduct that makes work does not have formal rationality.
Whether does the work that make fill to you can be accepted after the class?
Initiative sentence: Fill after the work that make fills to be not a class after the class only when writing, this exercise ability that does not have formal rationality is accepted.
Definition: Fill the work that make whether be accepted, cannot only by whether to refer standard of this one form to judge on time, the key is handing in behavior to whether have in substantial level at filling violate fair principle.
Classify: Teacher assuming a tax attends class to state exercise expires to be not awaited clearly that evening, its purpose basically is to prevent to classmate after the event fills write, be in thereby substantial level is proper enroach on is other legitimate rights and interests of the classmate. Existing evidence makes clear, this fill the work that make is not after the event to fill write, give accept won't cause essence unjust.
Metaphase conclusion: This operation that does not have formal rationality can be accepted.
Fill should be the person that hand in denied assume responsibility?
Initiative sentence: Should fill only when handing in behavior to disobey the school to show a provision, fill the person that hand in just should assume corresponding responsibility.
Definition: " assessment of course of undergraduate students of full-time of university of Hua Dongzheng law runs way " (China politics do [2017]313 date) the 27th regulation: "Without reason be absent from school or cannot complete work by the quantity on time, can be in at ordinary times the take into consideration the circumstances in achievement deducts a mark.
Classify: Although this fill,the work that make can be accepted, but the disagreement that has in form after all is rational, behoove by fill the adverse consequence with corresponding bear of the person that hand in, in order to foster its regulation consciousness, also avoid this kind of issue happen again. As to adverse consequence assume a form, need to try to decide according to defining medium effective file. However, this file the 27th relevant provision is too abstract, the cognizance that works to cannot finishing on time can be decided independently by schoolteaching teacher only.
Existing evidence makes clear, fill the person that hand in is deferred undesignedly refer, its are subjective fasten error only. As a result of the school afore-mentioned regulations carry out the subjective state of mind when this kind of behavior not clearly, if take no account of intended with error divisional show break fairness, and how to distinguish lack specific standard again, to avoid a teacher subjective and arbitrary, can combine controversy course here (" criminal law case studies I " ) , analogy is applicable " criminal law " the 15th regulation that commits a crime the 2nd times about error will handle. This regulation: "Error commits a crime, the ability that law has a regulation bears criminal responsibility " . Criminal law decides the blame the analogize that the principle does not prohibit be helpful for behavior person, act on this spirit, schoolteaching teacher should make the explanation that is helpful for a student below this circumstance, with fulfilling safeguard its combine the obligation of right beneficial. Be based on this, since effective file did not make clear error to did not refer exercise to if where manages,answer on time, should regard as did not install punish accordingly criterion.
Metaphase conclusion: Fill the person that hand in need not bear any adverse consequence.
Final verdict: the conduct that although fill with respect to this second,makes work, going up objectively not to have formal rationality, but in do not violate fair principle essentially. In the meantime, if why is the behavior that because the school shows to stipulate not specific unpremeditated crime was not referred on time all right,works handled, set out from the principle that is helpful for a student, should not let fill this the person that hand in bears adverse consequence. Be based on this, this fill hand in exercise to regard as effective, this second achievement does not suffer any effects.
"Apologetic word " already looked, although reason is mostly unavoidable far-fetched, but also be the whole process that made everybody collective witness you to strive for oneself rights and interests hard. Ye Lin Cengyan " for the right fight " , the school work result that this also includes to be this of course and " fight " . From this angle character, I should express my respect to you! But, since admit (at least) main responsibility is in oneself, that is about to learn to take on. Those who make a person gratified is, in final part, I saw you take on!
Some classmates may feel, adherence crime punishment is legal I of creed, go up in this thing too the line on raise to the higher plane of principle, did a petty thing half " recreational incident " , cause a share " classmate eating melon " add group surround view. But actually, I am the excuse that awaiting a sincerity nevertheless, as to the object of excuse, not be me, select the other fellow student of the class however. Between I and you, the predestined relationship is teachers and students, nonexistent what is natural conflict. I hold to, it is to want to replace nevertheless other the fellow student that selects a subject guards a bottom line, one makes fair bottom line. It is this kind of part only, often be in a dilemma. So, I chose finally to undertake the analysis of afore-mentioned classify laws, invite regular itself conversation. Of course, conclusion may be unexpected, this is the glamour place of logistic analysis.
Although the thing is small, put in order is not small, be born as law science, should hold enough respect to regulation. Borrow this matter, encourage with Zhu Jun!
Then, netizens began to boil.
Abrupt " red all over " Mr. Ma Yinxiang of the network, it is associate professor of college of law of university of Hua Dongzheng law, it is the law doctor that is graduated from Beijing University, of an appropriate appropriate 80 hind " green pepper " . He says " esteem student, equality speaks; Carry out is learned all right, pay attention to a method " it is his education place is begged.
He says: "Present student individual character is lively, right consciousness is already budding, one-sided emphasizes teacher's dignity helpless of the settlement at the problem and knowledge impart. Below the premise that respects a student, develop equal dialogue to the controversy problem of generation, often can harvest more favorable result. The soul of criminal law is a blame criminal law decides a principle, manage this principle place accumulate the contained spirit that guarantees the right will handle fill the way that makes work, not only can let place of travel of pedagogic carry out learn, what also can make a student cogent experience this spirit is precious. And the practice of convince people by reasoning, also can let student straight face experience the glamour of logistic analysis, it is its thereby the study infuse motivation henceforth. It is its thereby the study infuse motivation henceforth..
(fair number of People's Daily small letter is integrated in the center of the Youth League, university of Hua Dongzheng law, Hua Zhengqing year wait)
