公權對私域的蔑視與僭越：對“有償家教”及其行政處理方式的若干思考

Disdain and Overstepping of Administrative Power towards Private Spheres: Some Thoughts about Paid Home-teaching and Measures Taken by the

“有償家教”現象的存在並不完全是教育本身“問題”所致，“家教”之所以受歡迎，是因為它能夠因材施教提供比較優質的教育。教師在日常工作之外從事“有償”服務是無可厚非的，需理性看待“有償家教”的現象。處理“有償家教”問題的方式，不能無條件侵犯公民的私生活領域，需理性實施對“有償家教”的管理。

Paid home-teaching meets the interests in teachers of some families. Its reasonableness is not only owed to educational problems. The teachers are welcome and asked by parents are nearly excellent ones in the schools， which can teach the students according to their various personalities and interests. It is above reproach that teachers are engaged in some paid services beyond eight hours. People should reasonably look on paid home-teaching. We do not defy the possibility that it could produce some negative effect upon the schools. However， some educational administration oversteps their right， such as prohibiting paid home-teaching and even discharging the teachers from school. It is disdain and overstepping of administrative power towards private spheres. Administrative departments should pay more attention to schools’ everyday teaching and learning affairs within eight hours to lessen the bad effect of home-teaching.