美国校园欺凌的法律规制及对我国的借鉴——以2010年《新泽西州反欺凌法》为研究视角

Anti-Bullying Regulations in America and the Experience China may Use for Reference——From the Perspective of the New Jersey Anti-Bullying Bill of Rights Act in 2010

校园欺凌是个世界性问题,我国学生也深受校园欺凌之害。2010年的《新泽西州反欺凌法》被称为美国最严厉的反校园欺凌法律,它要求各个学区制定反欺凌方案,学校任命反欺凌专家、设立反欺凌专项资金、定期开展反欺凌教育和培训来治理校园欺凌行为,并对违反义务的责任人员追究纪律和民事责任,受害学生可以通过听证会、提起申诉和控告得到救助。我国也应当及时制定反校园欺凌法,最终实现校园欺凌的有效治理。

In-school bullying is a worldwide problem, and Chinese students also suffer from the pains caused by bullying behaviors. The New Jersey Anti-Bullying Bill of Rights Act passed in 2010 is known as the toughest law to combat in-school bullying in America. The bill requires that all school districts should work out anti-bullying plans, and all schools should appoint anti-bullying experts, set up special funds as well as regularly launch anti-bullying education and training activities to protect students against bullying behaviors. In accordance with the bill, anyone who fails to meet the anti-bullying obligation shall bear disciplinary or civil liabilities, and the students being bullied can receive assistance through hearing, accusation and complaint. China should also enact an anti-bullying law timely for ultimately achieve the effective governance on in-school bullying.