长期以来，由于缺乏相关法律法规，导致中小学教育实践中存在大量的滥用惩戒或者不敢惩戒的现象，出台相应的关于惩戒的规章制度迫在眉睫。教育部于2020年12月29日，出台了《中小学教育惩戒规则（试行）》以保障和规范学校和教师的教育惩戒权。在我国的教育惩戒立法进程中，它的发布是一个重要节点，意义重大，也是我国依法治教不断发展的必然要求。《中小学教育惩戒规则（试行）》赋权于师，放权于校，首次明确规定学校和教师可以合理使用教育惩戒，将教育惩戒的权力交给学校和教师。那么，《中小学教育惩戒规则（试行）》是如何落实和规范学校和教师的教育惩戒权，权力又能否真正在教育惩戒困境中焕发活力，这就需要我们从《中小学教育惩戒规则（试行）》的文本内容出发并结合中小学教育实践中的实施情况，采用文本分析和访谈等方法，对《中小学教育惩戒规则（试行）》本身进行深入分析，并针对相关问题提出切实可行的建议，以使教育惩戒真正发挥其应有的作用。

研究发现，赋权于师、放权于校作为《中小学教育惩戒规则（试行）》贯穿始终的价值追求，呈现在《中小学教育惩戒规则（试行）》中教育惩戒权的来源、教育惩戒权的特征等方面。同时，尽管《中小学教育惩戒规则（试行）》赋权于师、放权于校，但由于其规定的详尽度缺失、相关部门重视力度不够、家长不配合等原因，教育惩戒权在具体使用方面仍然存在一些问题，为此，建议地方相关部门和各级学校依据《中小学教育惩戒规则（试行）》制定相关惩戒的实施细则，扩大宣传力度，学校和教育部门在处理教育惩戒事故纠纷时慎重调查，同时加强家校合作，以期更好地落实《中小学教育惩戒规则（试行）》，解决中小学教育惩戒困境。

For a long time, because of the shortage of relevant legislation and regulations, many behaviors that abuse punishment or dare not punish exist in the educational practice of primary and secondary schools, so it is urgent to introduce the corresponding rules and regulations on punishment. The Ministry of Education issued the Educational Punishment Rules for Primary and Secondary Schools (Trial) on December 29, 2020, to guarantee and standardize the educational punishment rights of schools and teachers. In the legislative process of educational punishment in China, its promulgation is an important node with great significance, and it is also the inevitable requirement of the continuous development of education administration by law in China. Educational Punishment Rules for Primary and Secondary Schools (Trial) empowers teachers and schools, and for the first time explicitly stipulates that schools and teachers can use educational punishment reasonably and delegate the power of educational punishment to schools and teachers. So, Educational Punishment Rules for Primary and Secondary Schools (Trial) is how to implement and normal school and the teacher education punishment power, power and can truly viable in education disciplinary troubles, and this needs us from Educational Punishment Rules for Primary and Secondary Schools (Trial) the text of the content, and combining with the implementation of primary and secondary school education practice, the methods of text analysis and the interview, This paper makes an in-depth analysis of the Educational Punishment Rules for Primary and Secondary Schools (Trial) , and puts forward some feasible suggestions for the related problems, so as to make the educational punishment play its due role.

Study found the value pursuit of empowerment in teachers and empowerment in schools runs through the Educational Punishment Rules for Primary and Secondary Schools (Trial), which is reflected in the source and characteristics of the power of educational punishment. At the same time, although the Educational Punishment Rules for Primary and Secondary Schools (Trial) empowers teachers and schools, there are still some problems in the specific use of the educational punishment power due to the lack of detail of its provisions, insufficient attention from relevant departments and uncooperative parents. Therefore, Suggested that the local relevant departments and schools at all levels on the basis of the Educational Punishment Rules for Primary and Secondary Schools (Trial) for the implementation of the relevant disciplinary rules, expanding propaganda, schools and education departments in handling disciplinary education accident disputes careful investigation, strengthen parent-school cooperative at the same time, in order to better implement the Educational Punishment Rules for Primary and Secondary Schools (Trial) , solve the primary and secondary school education disciplinary plight.