校园欺凌”的概念界定及其法律责任

The Definition of School Bullying and its Legal Liability

In April ， 2016 ， the Education Supervision Committee under the State Council ， People^ s Republic of China issued dhe Circular on Handling School Bullying ， aiming to tackle the deliberate or violate insulation and injuries caused by physical ， verbal and cyber means among primary and second students nation- wide in China. Then in Sep. 11th ， 2016 ， China Ministry of Education and other nine departments issued the Guidance of Anh-School Bullying and Violence to prevent the occurrence of school bullying and school violence through educational preventions ， legal punishments and the comprehensive resolutions and regulations. At present ， school bullying has become a great social and governmental concern. However ， there is no shared definition of school bullying and violence though it is highly discussed in the academic community. The difference between school bullying and violence is important for further prevention and discussion. An explicit concept of school bullying is the prerequisite of efficient ways of curbing school bullying and school violence. The concept of school bullying is not the same as that of school violence. In this article ， the author argues that the concept of school bullying should be defined narrowly and such bullying phenomenon as out-of-school invasion ， teachers as the victims should not be included. The narrow meaning of school bullying is an aggressively ， constantly physical or psychological behavior among students or teachers that involves a really mental torture in kindergartens ， primary and secondary schools and some other places. The characteristic of the narrow meaning of school bullying involve three aspects. First ， it occurs in kindergartens ， primary and secondly schools and some other reasonable places. Second ，the bullies should be related to the victims. As for the kindergarten ， primary and secondly school students ， the closer one are their teachers and peer buddies. Third ， teachers as the victims are not included. Fourth ， school bullying has a constant and permanent influence. Fifth ， the victims have to suffer from it unwillingly .Sixth ， school bullying does harm to the students. Seventh ， school bullying includes different actions such as making threats ， stealing ， spreading rumors ， atacking someone physically or verbally ， and excluding someone from a group on purposes，etc.. Besides ， the article discusses the legal liabilities caused by school bullying (the student ， the teacher and the administrator as the bully)，which include civil liabilities， administrative liabilities and crminal liabilities. In conclusion，the author argues that only by improving the related laws and regulations and defining the liabilities can we prevent and reduce school bullying by law.