What should the teacher do if he goes through his short messages?

Do you have the habit of playing mobile phones at school? Have you ever had your mobile phone confiscated by your teacher once or twice? Oh, don't panic. As long as you are brave enough to argue with the teacher, then the teacher will hand over the mobile phone!

The teacher's confiscation of your mobile phone violates four national laws, namely, the Property Law, the Education Law, the Teachers Law and the Law on the Protection of Minors.

1. Article 2, paragraph 3 and Article 4 of the Property Law stipulate that the mobile phone is your legal movable property, and you have the ownership of the item, and no individual or organ (except law enforcement organs) has the right to possess or detain it.

Articles 34 and 35 of the Property Law: You have the right to ask individuals and organs (except law enforcement organs) to restore and return your lawful property.

Third, the school stipulates that students are not allowed to bring their mobile phones to school, but it does not stipulate that teachers can confiscate and detain mobile phones. Because the property law clearly stipulates that no one may infringe on the personal property of others, the school has no right to confiscate it. Although individual schools are public schools, schools can only be schools and can never become law enforcement units. Some schools stipulate that teachers can confiscate it, which conflicts with the law and is illegal. It should be abolished as usual.

Four: The Teachers Law has no power to "confiscate or detain students' property". Moreover, the Law on the Protection of Minors, the Law on Teachers and the Law on Education stipulate that the legitimate rights of students shall not be infringed. The rights in the Property Law are legal rights. In other words, in this way, teachers not only violate the property law, but also violate the legitimate rights of students. Not only can you get your mobile phone back, but you can also sue the teacher for these four charges in court.

In addition, the property law also stipulates that if property is lost in it, the infringer can also be required to make compensation, such as the decline in the price of mobile phones. The above information is true and effective! If you have questions, please call 12580 to the State Council!

Does the teacher have the right to read short messages after confiscating students' mobile phones?

No, it's an invasion of students' privacy. Now everyone is talking about popularizing legal knowledge, and students should also talk about how to protect personal privacy in the course. As a teacher, it is really sad that legal knowledge is so weak. You can go to the teacher for theory and let him study legal knowledge well.

In order to maintain normal teaching order, schools usually take some management measures. Some schools will search students' personal belongings or temporarily detain students' mobile phones and game machines. In some schools, teachers even impose fines on students. In the eyes of some teachers, this is a normal way of management. In fact, this behavior infringes on students' property rights.

First, schools have no right to confiscate or temporarily detain students' belongings.

Confiscation and seizure of property belong to the category of administrative punishment, and schools as educational institutions obviously do not have such rights. The implementation of administrative punishment measures must have the corresponding subject qualification. According to the "Administrative Punishment Law" promulgated by China 1996, there are three categories of subjects who enjoy the power of administrative punishment:

1. An administrative organ that enjoys the power of administrative punishment according to law. Article 15 of China's Administrative Punishment Law stipulates: "Administrative punishment shall be implemented by administrative organs with the power of administrative punishment within the scope of statutory functions and powers."

3. Organizations entrusted by administrative organs. Article 18 of the Administrative Punishment Law stipulates: "In accordance with the provisions of laws, regulations or rules, organizations that meet the conditions stipulated in Article 19 of this Law may be entrusted to impose administrative punishment within their statutory authority. The administrative organ shall not entrust other organizations or individuals to implement administrative punishment. The entrusting administrative organ is responsible for supervising the administrative punishment behavior of the entrusted organization and bearing legal responsibility for the consequences of this behavior. The entrusted organization implements administrative punishment in the name of the entrusted administrative organ within the scope of entrustment; No other organization or individual may be entrusted to implement administrative punishment. "

Article 19 of the law stipulates:

"The entrusted organization must meet the following conditions: (1) a legally established institution for managing public affairs; (2) Having staff who are familiar with relevant laws, regulations, rules and business; (3) If it is necessary to conduct technical inspection or technical appraisal for illegal acts, it may organize corresponding technical inspection or technical appraisal. "

Schools have no right to confiscate or detain students' property, which violates the sacred and inviolable provisions of the General Principles of Civil Law, that is, seizure and confiscation can only be exercised by departments authorized by law. The law does not stipulate that schools can confiscate or detain students' property, so it is illegal.

This kind of behavior is illegal, and the essence is robbery. Teachers use violence, coercion or other methods on the spot to seize other people's property for the purpose of illegal possession. This behavior of teachers belongs to taking students' property by force by taking advantage of their special status, which belongs to other methods stipulated in criminal law.

Article 263 Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined;

From the procedural point of view, under normal circumstances, the property confiscated by the administrative organ must be turned over to the state treasury, and it cannot be occupied or used by itself.

As citizens, students have the right to enjoy their own property and dispose of it by themselves. The school shall not confiscate, damage or lose its personal property for any reason, otherwise it shall make compensation.

Confiscation according to law is an administrative punishment and must be punished by law enforcement organs according to law. Teachers are neither administrative law enforcement personnel nor legal basis, and have no right to confiscate citizens' property. Their behavior is illegal. Students can complain to the Education Bureau and even file a lawsuit.

Strictly speaking, teachers have no right to confiscate students' property or "keep it for them" without their consent.

Without the consent of the parties, "custody on behalf of" is a forcible transfer of possession of property, but also an infringement on the legitimate property ownership of individuals.