日本校园欺凌事件中教育机构的调查报告义务

The Obligation of Educational Institutions to Investigate and Report Bullying Incidents in Japan

在日本,教育机构在校园欺凌事件中对家长负有调查报告义务,违反这一义务时,教育机构设置者将承担损害赔偿责任。教育机构负有调查报告义务的理论学说包括教育委托关系说、教育权上的信息请求权说、接受教育的权利说和知情权说等。2013年,日本颁布《欺凌预防对策推进法》,从立法上确立了教育机构的调查报告义务,文部科学省根据法律授权出台了建构调查报告机制的指导性规定。相关立法和政策就调查报告制度确立了详细的内容,包括调查条件、调查组织、调查程序和方法、调查报告的利用和个人信息的保护等。在司法实践方面,教育机构如果依据程序规范能够积极对学生家长履行调查报告义务,法院一般不会作出其行为违法的认定。

In Japan,education institutions have the obligation to investigate and report bullying incidents to parents,and those who violate this obligation will be liable for damages.The theories on schools’duties of investigation and report include the theory of educational entrustment relation,the theory of educational information request,the theory of the right to receive education,and the theory of the right to know.In 2013,Japan promulgated the"Countermeasures for Promoting Law on Bullying Prevention",which established the investigation and reporting obligation of educational institutions from the legislative point of view.The Ministry of Education,Ministry of Science and Technology issued the guidelines to construct the investigation and reporting mechanism according to the legal authorization.Relevant legislation and policies have established detailed contents for the investigation report system,including investigation conditions,investigation organization,investigation procedures and methods,utilization of investigation report,and protection of personal information.In terms of judicial practice,the court holds that educational institutions have the obligation of investigation and report based on the educational contract,and educational institution have discretion in the scope of investigation and the content of report.Educational institutions are exempt from legal liability only if they carry out investigations and reports in accordance with procedural norms.