An Analysis Of The Legal Regulation Of Campus Bullying

There is no unified definition of school bullying in China.It is called "school bullying" by foreign countries and Taiwan.The word bullying comes from the English bully.Recently in China,school bullying incidents frequently appear in the news,but because some bullies do not reach the age of criminal responsibility,even if the damage results meet the criminal case filing standards,but because under the age of 14 or 16 without criminal punishment.Similarly,there are a large number of bullying cases that meet the requirements of public security penalties,but most of them are exempted from punishment for children under the age of 14 or 16.The results of the treatment are usually exempted from administrative punishment after oral preaching.For civil responsibility,given the current bullying had occurred within the school,because of the need for maintenance school reputation and recruitment of students school,mainly adopt the mode of private settlement,even if some parties filed a civil lawsuit case,but often because of difficult,is only for bullying caused body damage compensate,bullying behavior to offset the huge psychological harm,and all is ex post relief.At present,the lack of special legislation and lack of response to bullying leads to bullying behavior of bullies,which is frequent.The bullies are often in the plight of long-term bullying and have no access to help.Most countries outside the region have special legislation on campus bullying.However,in China,there is no general consensus on the awareness and response to campus violence at all levels,and most of the attention on campus bullying is focused on the academic field and the field of public opinion.Although some scholars are aware of the need for special legislation,they tend to increase the intensity of criminal punishment,and some of them propose to reduce the age of criminal responsibility.However,this is not in line with China's consistent judicial philosophy of special protection for minors.However,considering that minors already have a considerable capacity for responsibility,campus bullying usually conforms to other constitutive elements of legal responsibility,and the doer should assume corresponding legal responsibility.How to prevent and intervene in this situation has become an urgent problem.China has carried out special legislation on domestic violence in 2016,among which the most constructive relief measure in the anti-domestic violence law is the introduction of the personal safety protection order.The victim can apply to the local court for the personal safety protection order on the basis of the ongoing domestic violence or the potential danger of domestic violence.This special legislation,especially the introduction of the personal safety protection order,has been enacted for more than two years since the promulgation of domestic violence for the real prevention,intervention and relief of domestic violence.Through the survey statistics,this measure has played a very important role in the prevention and reduction of domestic violence.Campus bullying is a long-term and repeated infringement that occurs among students on campus.It has many similarities with domestic violence.Whether the personal safety protection order can be extended to campus bullying is the focus of discussion in this paper.By searching relevant case materials,this paper will empirically investigate the deficiency and absence of justice in the cases of school bullying.Meanwhile,by referring to advanced foreign experience,this paper will analyze the feasibility of introducing the writ of habeas corpus in the field of juvenile protection and further improve the system.