The New Year has passed, but the topic of the movie "Article 20" is still hot, and one of the cases of school bullying can't help but make people think: when the hand of fate reaches out to us, will we be so brave?
In the movie, Zhang Ke punched and kicked his classmates in the toilet, and Han Yuchen bravely stood up to stop it, but instead put himself in trouble and was retaliated by Zhang Ke.
In life, it is more common for children who are bullied to choose to be silent, and children who see it choose to avoid them.
Lawyer Li Mai believes that there are no rational people in the law, only ordinary people with flesh and blood.
So, what is the legal responsibility for school bullying?
1.Civil Liability.
If the perpetrator of school bullying is a person under the age of eight who has no or limited capacity for civil conduct, his guardian will bear tort liability. Guardians can reduce their responsibilities by fulfilling their guardianship duties. For minors who have property, they need to use their property to pay for compensation.
2.Administrative Responsibility.
If school bullying does not constitute a criminal offense, but the bully is over the age of 14, he or she is usually administratively punished in accordance with the provisions of the Public Security Administration Punishment Law. If the bully is under the age of 14, the guardian shall be ordered to strengthen the discipline of the bully, although he shall not be punished.
3.Criminal responsibility.
In the case of serious circumstances of school bullying, the bully may be subject to criminal liability. Since March 1, 2021, the 11th Amendment to the Criminal Law has come into effect, lowering the minimum legal age of criminal responsibility to 12 years old. As a result, minor perpetrators of serious school bullying may face criminal prosecution.
In accordance with the provisions of the Penal Code:
A person who has already reached the age of 16 shall bear criminal responsibility for committing a crime.
A person who has reached the age of 14 but is not yet 16 years old and commits serious crimes such as intentional homicide, intentional injury causing serious injury or death, robbery, drug trafficking, arson, and disseminating dangerous substances, shall bear criminal responsibility.
A person who has reached the age of 12 but is not yet 14 years old and shall also bear criminal responsibility if the circumstances of the crime are particularly heinous, such as intentional homicide or intentional injury causing serious injury resulting in serious disability, and the circumstances are heinous, and the Supreme People's Procuratorate approves the prosecution for prosecution.
Possible offences involved in school bullying.
1) The crime of picking quarrels and provoking trouble.
2) The crime of intentional injury.
3) The crime of assembling a crowd to fight.
So, how can you protect yourself from bullying with legal means?
1. Personal safety always comes first! On the one hand, students should strengthen exercise, on the other hand, when they are bullied, do not endure in silence, resist if they can, and pay attention to collecting evidence when they are unable to resist, and tell parents and teachers in time, and you can also call anti-bullying **12309 to seek help from the society.
2. Don't be evil, don't help evil, other students who are bullied can choose to dissuade or report to the police according to the situation, or report to the teacher, bravely expose the bully, and provide substantive help to the bullied.
Good words are warm in three winters, and bad words are hurtful and cold in June. Therefore, we must avoid becoming the perpetrator and victim of school violence, and we should not be indifferent bystanders! Film Article 20
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