校园欺凌诉外救济的核心问题与解决思路

The Core Problem and Solution of Non-litigation Relief of School Bullying

防治校园欺凌的核心目标是保护未成年学生的权益,让未成年学生的生理和心理健康成长。欺凌发生后,受害学生寻求诉外救济可以比诉讼救济更及时维护权益,但诉外救济途径目前存在诸多问题,包括教育和惩戒不相平衡、救济主体责任承担不明确、救济机构和救济程序不甚完善、救济结果易失公正等。针对以上问题完善校园欺凌诉外救济路径,就要做到对校园欺凌“零容忍”、强化监护人和学校的救济责任、完善学生欺凌治理委员会的职能、规范教育惩戒的边界和限度、完善行政申诉程序。

The core goal of preventing school bullying is to protect the rights and interests of underage students,so that their physical and mental health can grow up.After the bullying occurs,the victimized student seeking non-litigation relief can protect their rights and interests more promptly than litigation relief.However,there are many problems in the path of non-litigation relief,including education and punishment are out of balance,the responsibility of the relief subject is not clear,the relief organization and procedures are not perfect,the relief results are easy to lose justice and so on.To improve the non-litigation relief path for school bullying in response to the above problems,it is necessary to achieve“zero tolerance”for school bullying,strengthen the relief responsibility of guardians and schools,improve the functions of the student bullying governance committee,standardize the boundaries and limits of education and punishment,and improve administrative appeal procedures.