Study On The Legal Regulation Of School Bullying

For a long time,school bullying has not received the attention it deserves.In the face of school bullying,the school does not treat it with a "zero tolerance" attitude,but "maximum tolerance".It tends to treat school bullying as a common dispute between students,so as to avoid a negative impact on the school.Preventing school bullying is a universal problem.Regarding the identification of school bullying,it is often difficult to identify it.For the same behavior,social perceptions and official perceptions are different.For similar behaviors,different local education departments may make different identifications.In terms of punishment for school bullying,there is more than tolerance and insufficient punishment.The legal liability of bullies is imperfect,so that under the limitation of the age of responsibility system,for some bullying behaviors,the existing law lacks penalties equivalent to the consequences of damage caused by the perpetrator.Concerning the responsibilities of schools and guardians,the existing laws and regulations are vague and the responsibility is not strong enough.In terms of legal norms,there is a lack of detailed standards.Related laws have not developed specific and detailed regulations on school bullying.Special governance is also based on policy documents.Advocacy clauses lack coercive force,and sports governance is difficult to normalize.By elevating school bullying to the legal level,searching for relevant judicial cases and selecting school bullying incidents that have caused widespread discussion among the public in recent years,the literature research method and comparative research method are used to summarize and analyze school bullying actors,behavioral performance and judicial disposal.Study on school bullying from the perspective of the definition of school bullying,the legal protection system,the legal responsibility of the bully,the responsibility of the school and the guardian,and risk prevention measures.Based on the successful paradigm of the United States,Japan,the United Kingdom and other countries in the prevention of school bullying,combined with our country’s current school bullying legislation and legal implementation experience,a special legislative form was selected,and the anti-school bullying law was formulated to clarify the key content of school bullying legislation.By referring to the punishment system in the anti-school bullying legislation of foreign countries,we can improve our country’s school bullying punishment system in a targeted manner,and set up intermediate punishment measures,in order to receive timely and effective punishment when the bully does not meet the age of responsibility or the nature of the bullying is minor.By studying the regulations on the responsibilities of schools and guardians in the legislation of foreign countries,clarify the regulations on the responsibilities of schools and guardians in our country,and strengthen their responsibilities.Abandon the previous macro-level research,select a micro-level approach,conduct an in-depth study of the responsibilities of the two in our country’s existing legal system in terms of school bullying and the effect of law enforcement,propose the establishment of a special compensation system for schools and the reversal of the burden of proof,clarify and refine schools in terms of the procedures for investigating and dealing with school bullying,the "education order"system and the "margin" system are introduced for guardians,in order to start with the two main subjects most closely related to underage students,thereby reducing the occurrence of school bullying.By studying the school bullying prevention mechanism stipulated by the legislation of foreign countries,combining with the inadequacy of the bullying prevention measures in our country’s schools,we will improve our country’s school safety risk prevention measures in a targeted manner,establish a normalized legal tour mechanism,integrate the rule of law education into safety education,and smooth reporting Channels,set up specialized agencies,and strengthen cooperation between schools and police.Special and prioritized protection of the bullied,punish the bully under the law,attach importance to preventive measures,attach importance to the performance of the duties of schools and guardians,and further improve the legal regulations on school bullying in our country.