中美校园凌辱行为刑法规制差异分析

The Analysis on the Difference of Criminal Law Regulation of Campus Bullying between China and the United States

校园凌辱行为是中美两国所面临的共同问题,而对校园凌辱行为的概念与特征,中美双方的认识并不完全一致。从刑法学角度而言,对校园凌辱行为的规制就是对未成年人犯罪问题的规制。对于中美校园凌辱行为刑法规制差异分析以实体与程序的分类作为起点展开,在此基础上细化为罪名、量刑、庭审设置、刑罚理念等具体差异分析。通过分析差异得出中美双方对校园凌辱行为规制的独特优势,对进一步完善我国校园凌辱行为的刑法规制提出借鉴建议。

Campus bullying is a common problem faced by China and the United States. However, the concept and characteristics of campus bullying are not completely consistent between China and the United States. In the sense of criminal law, the essence of campus bullying crime is juvenile crime. For the difference analysis of criminal law regulation of campus abuse between China and the United States, the classification of entity and procedure is taken as the starting point, and on this basis, it is subdivided into the spe-cific difference analysis of accusation, sentencing, court setting, penalty concept and so on. Through the analysis of the differences, this paper concludes the unique advantages of the regulation of campus abuse between China and the United States, and puts forward some suggestions for further improving the criminal law regulation of campus abuse in China.