校园欺凌的涵义及防治的法治化路径探析

Connotation of School Bullying and Analysis of the Rule of Law Route to Preventing School Bullying

以法治方式防治校园欺凌应当说是一种较佳路径,应当从主体、主观方面和客体及客观方面来界定校园欺凌的涵义。目前,我国对校园欺凌的治理面临诸多法律困境,没有对校园欺凌的规范界定,惩治校园欺凌的措施乏力,缺乏一部专门的反校园欺凌法律法规。要充分运用法治思维和法治方式来治理校园欺凌,坚持预防与惩治相结合,重在预防;遵循"严而不厉、宽而不纵"的惩治原则;注重利用复合方式化解校园欺凌。在具体治理举措上,应当制定反校园欺凌法律,加强校规校纪体系建设,建立健全针对校园欺凌的有效惩戒机制。

It is a better way to prevent school bullying by means of the rule of law. We should regulate the meaning of school bullying from the subject, subjective aspect, object and objective aspect. At present, China faces many legal diffculties in preventing school bullying： there is no standard defnition of school bullying, measures for punishing school bullying are weak, and there is a lack of special law or regulation about preventing school bullying. We should make full use of the thinking and way of the rule of law to prevent school bullying, adhere to the combination of punishment and prevention and focus on prevention, follow the “strict but not severe, tolerance and not connivance” punishment principle, and emphasize that school bullying need be resolved by the way of conciliation.As to specifc measures, we should make the anti-school-bullying act, strengthen the construction of school regulations and disciplines, and establish and perfect the effective punishment mechanism for school bullying.