Research On Tort Liability Of School Bullying

In recent years,school bullying incidents in schools have been frequently seen in traditional media such as TV news,newspapers,Weibo,Tencent and emerging online media.The frequent occurrence of school bullying incidents not only disrupts the normal teaching management order,but also infringes on the physical and mental health of young people and affects the shaping of their healthy personality.In this context,the central government and relevant departments have repeatedly launched policy papers to carry out nationwide special governance on campus bullying.Academic experts and scholars have explored the causes,types and concepts of campus bullying from their own research fields.,countermeasures and interventions.By reading and analyzing the relevant literature,the author finds that the current research on school bullying from the perspective of law or the macro-policy guidance,or the intervention of the sociological direction,lacks the fineness of campus bullying from the perspective of the specific departmental law.In-depth study.From the perspective of the tort law,the author points out the necessity of campus bullying as the legal concept connotation and extension,points out the necessity of campus bullying tort liability research and the nature of infringement of campus bullying,analyzes the composition and responsibility of its responsibility,and proposes Improve the recommendations for the burden of bullying infringement on campus.The aim is to provide standards for correct identification of bullying in schools,and to provide reference channels for primary and secondary school students who suffer from school bullying to improve the legal system for bullying prevention in China.Through comparative analysis of countries and regions,as well as scholars' different perceptions of bullying on campus,school bullying refers to the physical,mental,and network losses caused by the same or different school students on the campus,such as language,body and network.Behavior;its composition generally conforms to the four elements of subject,behavior,scope and outcome.The imbalance of concealment,persistence,and power contrast is not a necessary condition for judging campus bullying;aggressive behavior,school violence,teasing,resistance,etc.Behavior and campus bullying are both related and different;cyberbullying is using its special advantages to aggravate the serious situation of school bullying,and poses new challenges for us to regulate campus bullying.The serious situation of frequent school bullying in China and the current lack of legal regulation of school bullying,we urgently need to study it from the perspective of tort liability.School bullying violates the legal personal and property rights of the bullied students protected by law in a variety of manifestations.This is a violation of legal obligations and is therefore a violation of nature.The composition of school bullying infringement liability is in line with the constituent elements of general tort liability,namely,illegal behavior,damage facts,causality and fault.When the responsible subject is the guardian of the bullying student,the principle of no-fault liability applies;when the school needs to bear the tort liability,if the bullied student is a person without civil capacity,the principle of fault presumption is applied,and the other principles apply the principle of fault liability.Although the forms of school bullying infringement liability are various,they are mainly divided into property liability and non-property responsibility.When the subject of bullying is an adult student,if the bullying behavior is carried out by one person alone,it constitutes a separate tort liability;if the bullying behavior is carried out by more than one person,the burden of tort liability is judged according to the joint infringement or common dangerous behavior.If the main body of bullying is a minor,the guardian shall bear strict substitute liability for the infringement damage caused by the bullying;when the minor has property,the guardian's property in the minor shall not be sufficient to pay for all infringement damages.Within the scope of the scope of the full supplementary responsibility;if the guardian has fulfilled the duty of guardianship,the responsibility can be appropriately reduced.Schools should be liable for the bullying of school bullying suffered by bullied students because of their negligence in performing their duties within the scope of their education and management duties for underage students.In view of the school bullying damage suffered by adult students,the law should give the same protection as the underage students.It is recommended that the school be liable for compensation in the event of a fault.In addition,whether it is the responsibility of the injurer or the responsibility of the guardian to compete with the school responsibility,or the law stipulates that the school bears the “relevant supplementary responsibility”,the school bears only the responsibility according to its fault,and the difference is The latter school enjoys a certain order advantage,that is,when the responsible person cannot compensate the damage of the bullied person,he assumes the liability for compensation within the scope of his fault.At the same time,in order to make the judgment of the school to be objective in the implementation of education,management responsibilities,the content of the security obligations should be further clarified,including the prevention and supervision obligations,legal education obligations and handling and rescue obligations.As for whether the school is at fault when performing its duties,in contrast,the school has a stronger evidence-acquisition advantage than the students.Therefore,the author suggests that the school should bear the burden of proof for the fact that there is no fault in the education management process.For the infringement damage caused by minors' teaching and helping minors to commit school bullying,the guardian of the minor shall deliberately bear joint and several liability for the bullying of the bully.