What are the laws and regulations on school bullying?

Mondo Social Updated on 2024-02-01

What are the latest laws and regulations on school bullying?

The latest laws and regulations on school bullying are: juvenile protection**, public security administration punishment law, and criminal law.

Article 51 of the Protection of Minors** stipulates: Where the lawful rights and interests of minors are infringed upon and a lawsuit is filed with the people's courts in accordance with law, the people's courts shall promptly hear the case in accordance with law, and adapt to the needs of the minors' physical and psychological characteristics and healthy growth, and protect the lawful rights and interests of minors. Legal aid institutions or people's courts shall provide assistance to minors in need of legal aid or judicial aid in judicial activities, and provide them with legal aid or judicial aid in accordance with law.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Article 234 of the Criminal Law stipulates: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Students who are bullied at school may, according to different circumstances, be protected by the juvenile protection law, the law on public security administrative punishments, and the criminal law, and if they are younger and cannot be punished, their parents may educate them, so that the victims can be compensated, and if they can be punished, they may be punished for public security and criminal punishment.

Responsibility of the school

1. If a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

2. Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.

3. Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

To sum up, if a student is bullied at school, he or she may be protected by the Juvenile Protection Act, the Public Security Administration Punishment Law and the Criminal Law, and the victim may demand compensation from the perpetrator, and the perpetrator may be punished according to the victim's age, and the perpetrator may be punished according to the circumstances of the victim, and may be punished for public security, and if a crime is constituted, criminal punishment may also be imposed.

*: Chang'an Justice.

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