美国校园欺凌立法:理念、路径与内容

American Campus Anti-bullying Legislation:Concepts,Approach and Contents

美国校园欺凌立法秉持了人身权神圣不可侵犯、谨慎立法和民主立法的三大突出理念。在立法路径上,美国校园欺凌立法经历了先下后上、先内后外、先立后修的基本路径。美国反校园欺凌法案一般涉及法案界定、区域政策制定与运行、区域政策构成以及反欺凌措施等4个板块、11个方面的内容。美国各州的反校园欺凌法案对"欺凌"的界定虽不统一,但基本包括身体欺凌、言语欺凌、精神欺凌、同伴欺凌、网络欺凌等5种类型,且对欺凌的界定标准也在不断细化。美国各州的反校园欺凌法案明确了政府、学校以及教师三大反欺凌相关主体及其职责。美国反欺凌立法机构多次修正相关条款,加大了对欺凌行为实施者的惩罚力度,同时为被欺凌者设定了投诉、正式申诉、调解、法律诉讼等广泛的权利救济路径。

American campus anti-bullyi ng legislation follows three prominent concepts including human rights are sacred and inviolable, making the law with cautious as well as democratic legislating. As for legislation approach, American campus anti-bullying legislation has adopted three basic approaches ： State＇s law enacts first, localization techniques and continuous amendments. The content of American anti-bullying legislation includes four sections with eleven elements ,which are definitions, district policy development and review, district policy components and anti-bullying prevention policies. The definition of ＂bullying＂ varies in different states, but there are mainly five types of bullying, which are physical bullying, verbal bullying, mental bullying, peer bullying and cyber bullying, and its defining criteria has been updated in more details. The American anti-bullying law explic- itly points out three related main parties including government, schools and teachers as well as their responsibili- ties. The anti-bullying laws have been amended by legislatures;they have carried out greater punishment to the bullies and given the victims the legal remedy rights to complain, file an official appeal, mediate or file a lawsuit.