A Legal Analysis Of School Bullying In Primary And Secondary Schools

In recent years,campus bullying events,such as Zhongguancun No.2 Primary school,Funing No.1 Middle school in Yunnan Province,have attracted extensive attention of the society,and a large number of campus bullying cases have also flooded into the judicial field.There are no special laws and regulations on campus bullying in our country.In the judicial practice,there are great differences in the understanding of the qualification identification,liability form and liability principle of each infringer.The relevant provisions on the responsibilities of educational institutions are too scattered,the operability is poor,and the legislation of compensation standards for mental damage is blank.These factors cause lots of questions,such as "father compensation","parents compensation","Parents and children compensate together","students fight in school,school is mainly responsible","students hurt people with knives in school,school has no search right and no responsibility","compensation for mental damage from 1000.00 yuan to 20000.00 yuan",and so on.This paper sums up the cases in the current judicial practice through big data analysis and typicalization analysis,and analyzes the problems in the cases of bullying in primary and secondary schools,such as the fuzzy rules of the defendant’s identity and responsibility,the inconsistent standards of the division of responsibility in educational institutions,and the inconsistent standards of compensation for mental damage one by one,so as to unify the bullying in primary and secondary schools within the existing legal framework of civil infringement The overall rules of the cases.At the same time,the author integrates the provisions about the responsibilities of educational institutions scattered in various laws and regulations,proposes to refine the contents of existing rules and regulations,and uses mature normative documents for reference to clarify the scope of responsibilities of educational institutions.In addition,the author also studies the issue of compensation for mental damage in bullying cases in primary and secondary schools,focusing on the necessity and feasibility of unifying the amount standard of compensation for mental damage,and systematically introduces three feasible methods among more than ten calculation standards proposed by scholars.