中国人文社会科学核心期刊

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中文核心期刊

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Volume 35 Issue 2
Mar.  2017
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Article Contents
REN Haitao. The Definition of School Bullying and its Legal Liability[J]. Journal of East China Normal University (Educational Sciences), 2017, 35(2): 43-50, 118. doi: 10.16382/j.cnki.1000-5560.2017.02.005
Citation: REN Haitao. The Definition of School Bullying and its Legal Liability[J]. Journal of East China Normal University (Educational Sciences), 2017, 35(2): 43-50, 118. doi: 10.16382/j.cnki.1000-5560.2017.02.005

The Definition of School Bullying and its Legal Liability

doi: 10.16382/j.cnki.1000-5560.2017.02.005
  • Publish Date: 2017-04-20
  • In April, 2016, the Education Supervision Committee under the State Council, People's Republic of China issued the Circular on Handling School Bullying, aiming to tackle the deliberate or violate insulation and injuries caused by physical, verbal and cyber means among primary and second students nationwide in China. Then in Sep.11th, 2016, China Ministry of Education and other nine departments issued the Guidance of Anti-School Bullying and Violence to prevent the occurrence of school bullying and school violence through educational preventions, legal punishments and the comprehensive resolutions and regulations.At present, school bullying has become a great social and governmental concern. However, there is no shared definition of school bullying and violence though it is highly discussed in the academic community. The difference between school bullying and violence is important for further prevention and discussion. An explicit concept of school bullying is the prerequisite of efficient ways of curbing school bullying and school violence. The concept of school bullying is not the same as that of school violence.In this article, the author argues that the concept of school bullying should be defined narrowly and such bullying phenomenon as out-of-school invasion, teachers as the victims should not be included. The narrow meaning of school bullying is an aggressively, constantly physical or psychological behavior among students or teachers that involves a really mental torture in kindergartens, primary and secondary schools and some other places. The characteristic of the narrow meaning of school bullying involve three aspects.First, it occurs in kindergartens, primary and secondly schools and some other reasonable places. Second, the bullies should be related to the victims. As for the kindergarten, primary and secondly school students, the closer one are their teachers and peer buddies. Third, teachers as the victims are not included. Fourth, school bullying has a constant and permanent influence. Fifth, the victims have to suffer from it unwillingly. Sixth, school bullying does harm to the students. Seventh, school bullying includes different actions such as making threats, stealing, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purposes, etc..Besides, the article discusses the legal liabilities caused by school bullying (the student, the teacher and the administrator as the bully), which include civil liabilities, administrative liabilities and criminal liabilities. In conclusion, the author argues that only by improving the related laws and regulations and defining the liabilities can we prevent and reduce school bullying by law.
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  • [1]
    陈慈幸. (2002). 青少年法治教育与犯罪预防. 台北: 涛石文化事业有限公司.
    [2]
    陈小英. (2015). 校园欺凌事件频发大量个案被"内部消化处理". 法制日报, 07-13-8.
    [3]
    戴利尔. (2005). 美国未成年人司法制度的发展 (戴宜生译). 青少年犯罪问题, (4), 13.
    [4]
    李静.(2009).青少年网络欺凌问题与防范对策.中国青年研究, (8), 25.
    [5]
    刘英. (2016). 遏制校园暴力亟须"反校园暴力法". 青年时报, 03-08-4.
    [6]
    三联生活周刊. 校园霸凌对孩子有哪些长远影响?. http://www.weixinyidu.com/n_1765528, 20150720//2017-01-02.
    [7]
    陶建国.(2015).瑞典校园欺凌立法及其启示.江苏教育研究, (6).3. http://www.cnki.com.cn/Article/CJFDTOTAL-JSJU201534002.htm
    [8]
    王楚婧.(2016).校园欺凌问题成因及对策分析.理论导报, (2)50. http://www.cnki.com.cn/Article/CJFDTOTAL-LLDB201602021.htm
    [9]
    许明.(2008).英国中小学校园欺凌现象及其解决对策.青年研究, (1), 44. http://www.cnki.com.cn/Article/CJFDTOTAL-QNYJ200801007.htm
    [10]
    薛宁兰.(2014).我国亲子关系立法的体例与构造.法学杂志, (11), 34-35. http://www.cnki.com.cn/Article/CJFDTOTAL-FXAS201411005.htm
    [11]
    杨立新.(2016).《民法总则》制定与我国监护制度之完善.法学家, (1), 95-104. http://www.cnki.com.cn/Article/CJFDTOTAL-FXJA201601008.htm
    [12]
    姚建龙.(2008).校园暴力:一个概念的界定.中国青年政治学院学报, (4), 43. http://www.cnki.com.cn/Article/CJFDTOTAL-ZQNZ200804010.htm
    [13]
    于珍、史亚雄. (2015). "校园戾气"从何而来, 如何化解?. http://www.jyb.cn/opinion/pgypl/201505/t20150514_622180.html.
    [14]
    CDC.(2015).Understanding School Violence. http://www.cdc.gov/violenceprevention/pdf/school_violence_fact_sheet-a.pdfhttp://www.cdc.gov/violenceprevention/pdf/school_violence_fact_sheet-a.pdf [EB/OL]. 2015-05-11/2016-4-22.
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