| School bullying is a common infringement among students in primary and secondary schools.In the past few years,the society has not attached great importance to the education work.Only when vicious intentional injury cases occur in primary and secondary schools or are widely reported by the media will they attract public attention in a short period of time.However,with the development of the new era,people's awareness of safeguarding their rights has gradually increased,schools and guardians are also continuously strengthening education supervision,and the government has also promulgated various laws and policies,which have curbed the crime rate in school bullying in recent years.Only from 2017 to 2019,local governments have come up with plans to carry out large-scale and comprehensive management of school bullying.For example,Education Department of Guangdong has issued "Implementation Measures for Strengthening Comprehensive Management of Bullying among Primary and Secondary School Students(Trial)"(hereinafter referred to as "Implementation Measures"),which clearly stipulate the prevention,types and management of school bullying.The Tianjin Municipal People's Congress has passed legislation to regulate the prevention and management of school bullying,which is a great progress in the governance of school bullying.On the basis of the existing literature,this article puts forward its own opinions on school bullying.The article is divided into three parts.The main content of each part is as follows:The first part is "Overview of the Legal Prevention and Control Theory of school bullying in China".This paper makes a comparative analysis of the definitions of school bullying's studies by scholars at home and abroad,and distinguishes easily confused concepts such as bullying and campus violence.Firstly,school bullying is strictly limited in concept.Then judge the nature of school bullying from the dimensions of school bullying's behavior content,behavior subject and spatial scope to further understand school bullying.Finally,several typical bullying behaviors are listed,including physical bullying,verbal bullying,social bullying and new types of cyber bullying.The second part is "the case of school bullying in China and the analysis of legal causes".First,by showing the classified statistics of the Supreme People's Court on school bullying cases nationwide,the basic situation of school bullying cases,the causes of bullying and the cases involving bullies are summarized and analyzed,and the data chart method can more intuitively show the development situation of school bullying cases in China in recent years.Macroscopically speaking,the incidence of cases in school bullying has been decreasing year by year in recent years,but the number is still huge and the prevention andcontrol work cannot be slackened off.Most bullies deliberately provoke the victims for trivial matters and choose more hidden places such as dormitories and bathrooms.The types of juvenile bullies involved mainly focus on intentional injury,extortion,picking quarrels and causing troubles,and very few commit premeditated intentional homicide.On the basis of data analysis,this paper explores the causes of school bullying,and the occurrence of school bullying has various and complicated causes.This paper mainly starts from the perspective of legal causes,which mainly includes: no special anti-school bullying law has been formulated,guardians have not fulfilled their reasonable guardianship duties,and schools have not fulfilled their duty of safety care.The third part is "legal prevention and control measures of school bullying in China".The governance of school bullying cannot only rely on the government's short-term program policies,but must go through a process of long-term accumulation of experience.This article mainly puts forward the opinions of prevention and control measures from the following aspects: the most important is to formulate the "anti-school bullying" special law,the second is that the guardian correctly performs the family guardianship duties,the primary and secondary schools undertake the education prevention and control functions,and finally the society constructs the bullying prevention and control system together. |
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