美国校园欺凌法律规制体系的建构探析

Study on the Construction of American Law on Regulating School Bullying

美国20世纪70年代之前,校园欺凌被视为"青少年学生成长的一部分",未受到足够重视。1999年科伦拜高中枪击案以后,如何通过立法对校园欺凌行为进行规制成为美国联邦和各州关注的重要问题。囿于公共教育的州权自治传统,美国在联邦层面至今未制定专门针对校园欺凌的法律,而是通过《教育法修正案》《民权法案》等法律加以规制。联邦层面的法律规制以事后救济为主,不足以让校方主动采取措施进行校园欺凌的事前预防。在州层面,美国各州通过专门立法对校园欺凌予以规制,在明确界定"校园欺凌"概念的基础上,建构了校园欺凌的预防机制、报告机制、处理机制和协同治理机制。但同时,各州立法在规范学校反欺凌政策、惩罚欺凌行为实施者等方面也存在诸多问题。

Before 1970s, seen as ＂part of growth for young student＂, school bullying did not raise enough attention in America. After the Columbine High School Shootings in 1999, how to regulate school bullying by legislation has become an important federal and state issue in America. Due to traditional state autonomy convention of public education, school bullying is regulated and governed by Education Amendments of 1972 and the Civil Right Act in federal level, instead of specific federal legislation. Federal regulation on school bullying mainly focus on post relief, which cannot encourage schools to initiate precautions act on bullying. In state level, based on a clear definition of ＂school bullying＂, states have constructed a series of anti-bullying mechanism, including prevention mechanism, reporting mechanism, processing mechanism and collaborative governance mechanism. However, states＇ legislation still have many problems in regulating school anti-bullying policy and punishing bullying implementers.