Legal Interpretation And Intervention Research On School Bullying In Primary And Middle Schools

In recent years,the frequent bullying of primary and secondary schools has pay close attention to the party and state leaders and all social circles,and has also become a hot topic in the two sessions in 2017.Therefore,from the perspective of pedagogy and law,this paper makes a theoretical analysis of the campus bullying in primary and secondary schools and clarify the related subject of legal responsibility according to law,which are important measure to prevent campus bullying,improve the level of the rule of law and the legal literacy of citizens.This study analyzes the current campus bullying events mainly through the literature research,and dives deep into the bullying of primary and secondary schools based on the present studies and the relevant national laws and regulations,its main ideas are:The campus bullying is refers to that the student individual or groups maliciously use power or position advantage,by means of all sorts of indignities,to hurt other students continuously and repeatedly,make the victims' physical and mental suffering and even serious consequences.The campus bullying is different from the campus violence which is usually through the body or tools and other violent means to hurt other's body,it is more likely to be the subjective malice of the infringer and the victim's mental injury.The campus bullying is also different from the body and language conflict between the school students in the education teaching activity,students conflict mostly is accidental misconduct caused by specific reasons,which isn't cause serious consequences of personal injury,however the bullying is mental or physical attack by bullies' unilaterally malicious provoke and repeated conduct,to cause the victim'obviously mental and physical pain,and even serious consequences of personal injury.The nature of the campus bullying is the special students body injury behavior,its typical characteristics are subjective malice,unequal strength,long-term repeatability,concealment,diversity and so on.In general,the campus bullying is a minor illegal act,if the circumstances of bullying are serious,it may constitute a crime.As a kind of illegal behavior,the tortious constructive factors of the campus bullying is the same as general personal injury,that the responsible person has subjective fault,has action or non-action illegal act,causes the injury,and there is a causal relationship between the illegal behavior and the injurious consequence.The law responsibility principles of civil tort law include fault liability principle,the principle of presumption of fault,fair liability principle and no-fault liability principle.In view of the particularity of school education and the actual situation of primary and secondary schools,from the maintenance education teaching order and the purpose of protecting the legal rights and interests of students,in general,the campus bullying uses fault liability principle,the relevant subjects bear the corresponding legal liability according to fault liability principle;under special circumstances,the principle of presumption of fault can also be applied(mainly for those who have no capacity for civil conduct).The prevention of the campus bullying is a complex system engineering,which needs state,school,family and social parties to intervene,in accordance with the principles of education-based,timely prevention,right protection and comprehensive treatment.The national legislature needs to pass the legislation to the campus bullying to carry on the legal regulations,the education administrative departments at all levels should strengthen the law enforcement dynamics;schools shall be used as the main position of bullying,spread educational prevention by special education,the rule of law education prevention education and other teaching activities,establish emergency response plans and standardize the daily safety management,strengthen the communication and the cooperation with the family and the public security organs and other relevant departments,improve the school education disciplinary measures;Parents should fulfill their obligation to education and strengthen legal education of minor children,cooperate with the school to rationally deal with bullying,help children maintain the rights and interests or correct mistakes;to purify the social cultural environment,especially the school circumjacent environment,and actively guide social workers to participate in prevention.