Research On Tort Liability Of School Bullying

Bullying is a common social problem in all countries and regions of the world.According to the investigation,students who have suffered from bullying will have a strong sense of loneliness,helplessness,and even have extreme emotions such as being tired of school and committing suicide.However,different from our country,other countries such as Japan,the United States and so on have made the anti-bullying legislation,will be a clear legal concept of bullying.China has yet to enact specific legislation on bullying in schools,and due to the insufficient attention paid to such issues by various sectors of society,there is a situation in judicial practice where there is no law to rely on and the operability is extremely weak,there is no legal protection for the injured students.Therefore,it is urgent to study legal countermeasures and provide constructive suggestions to solve these problems from the perspective of jurisprudence.Specifically,this paper is divided into five parts:the first part of the concept of campus bullying in theory,a simple statement of the components of the definition of bullying,and on this basis,the extension of bullying on campus discrimination.The second part mainly analyzes the nature of Tort Liability of campus bullying from the perspective of jurisprudence.Starting from the two constitutive elements of the tort,this paper analyzes the tort nature of the campus bullying,and then expounds which imputation principle should be applied to determine the liability of the tort when facing different tortfeasors in the event of the campus bullying,on this basis,from the illegal act,the result of damage,fault and causality to analyze the four elements of campus bullying tort liability.The third part mainly analyzes what kind of tort liability and the concrete form of liability each responsible subject should bear when the bully is an adult,a minor,a school and so on.The fourth part analyzes the current situation and three deficiencies of school bullying governance in China,and then gives examples to demonstrate the relevant experiences of countries outside the UK,USA and Japan in managing school bullying,on this basis,the article explains the relevant enlightenment of the extraterritorial experience to our country's legal regulation.The fifth part mainly discusses that at the present stage,China should base itself on the reality of China's economic development while learning from the advanced experience of other countries.At present,China lacks the practical conditions for enacting special legislation and granting huge compensation to victims,therefore,it is a more reasonable model to include it as a special tort in Tort Liability Law.To improve the tort liability law of our country,add a special chapter on the Tort Liability of campus bullying,and perfect it in four aspects,make it detailed,effective measures,in line with the status quo of China's judicial practice.