Research On The Legal Governance Of Bullying In Primary And Secondary Schools

School bullying is a universal social problem that has long troubled all over the world.Its high incidence,harmfulness and complexity threaten the majority of children in the world.A 2016 UNICEF study found that two-thirds of respondents had experienced bullying at school.According to a sample survey of 104,825 primary and secondary school students in 29 counties and cities nationwide by a project research group of the Ministry of Education's Policy and Regulations department in 2016,up to one-third of primary and secondary school students suffered from school bullying.School bullying not only causes adverse effects on the physical and mental health of minor students,but also seriously threatens the safety and stability of school work.With the frequent exposure of all kinds of vicious school bullying incidents,thepublic is generally confused about the legal definition of school bullying behavior and accountability,and has become anxious and worried about the legal governance of school bullying.The fourth Plenary Session of the 18th CPC Central Committee put forward the general goal of building a socialist system of rule of law with Chinese characteristics and building a socialist country under the rule of law.Education is an important part of the systematic project of comprehensively governing the country by law."Education by law" has become the basic path and important guarantee to solve problems in education.As a special educational phenomenon and educational problem in school education and management,legal governance is undoubtedly the fundamental path of school bullying governance and plays an important role in it.But in the new era of comprehensive law under the background of the rule of law,the current legal system of some malignant bullying,cause social public opinion to some extent unable to shoulder the public expect for the rule of law,on the whole rendering pipe,weakness of punishment after the "v",so as to attract the public's extreme contrast and strong dissatisfaction.Based on this,it is necessary from the perspective of the protection of children's rights,by improving the campus bullying disciplinary system,in the "protect" under age people to"punish" between seek a feasible strategy of both education and correction,make up for the shortcomings of the current law about bullying governance,promote the bullying on retribution is truly effective in treatment of bullying.At present,our country is still no special legislation of bullying and campus bullying of legal concepts,legal system is not sound for bullying,lack of effective education disciplinary and legal corrective measures,needs to set up the rule of law thinking,build perfect bullying legal governance system through legislation,so as to effectively prevent and control school bullying.Under the guidance of the concept of the rule of law,this study firstly expounds the basic theory of bullying,clear the legal definition of bullying and classification,and clarify the bullying and campus violence,bullying and campus bullying,students generally between the conflict between the concept of the differences and relations between concepts cleared to bullying.Secondly,based on the realistic investigation of the legal governance of school bullying in China,this paper analyzes the realistic dilemma of the current legal governance of school bullying:First,at the institutional level,the law lacks the definition of "school bullying",and the relevant policies and regulations issued by the state do not differentiate and analyze similar concepts such as"school bullying","school violence" and "playtime among students".The legal level of direct regulation of school bullying is low,the prevention and treatment mechanism of school bullying is not perfect,and the legislative level needs to be improved in building a collaborative governance mechanism of school bullying and giving full play to the combined regulatory forces of the government,school,family and society and other diverse subjects.Second,at the practical level,the current law on bullying behavior"punishment is not enough,to protect more than" based on private right infringement responsibility can be evaded,civil liability shall be borne by the guardian and the school,and bullying behavior person itself without any tort responsibility,its did not feel the infringement of the legal consequences,so the legal effect is not optimistic.The provisions on administrative penalty and criminal penalty based on public power are too lenient,and minors shall be exempted from criminal responsibility if they fail to meet the statutory standard for responsibility for crimes under the protection of age.In addition,due to the serious absence of educational punishment caused by the crisis of teachers' educational power,the lack of accountability mechanism of parents and other guardians,family discipline becomes a formality,and the lack of intermediate punishment measures in the legal regulation of school bullying behavior,etc.,the diversification,systematization and procedure of judicial correction measures still need to be strengthened and perfected.Finally,by summarizing and analyzing the legislative background,legislative style,legislative status and legal effect of foreign bullying,this paper proposes the basic idea and implementation path to improve the legal governance of bullying in our country.Bullying legal governance of our country should be adhering to the governance and cooperative governance in accordance with the law,protection of the rights and interests of children as the center and reasonable disciplinary basic concept,accurately recognizing a bullying phenomenon and its nature,should not only pay great attention to the social harmfulness of bullying,the phenomenon of bullying firmly adopt "zero tolerance" attitude,and be sure to press the objective reports of bullying,rational knowledge to guide the public school bullying,avoid by overstating the social anxiety;The second is to build a comprehensive and special legislative model centered on the Anti-bullying Law in order to lay a foundation for the legal regulation of bullying;Third,improve the punishment mechanism and legal regulation system of school bullying,and improve the legal governance measures of school bullying by building a hierarchical intervention system.