论我国中小学校园欺凌事件的处理程序

On the Procedure and the Improvement Paths of Dealing with Campus Bullying in our Primary and Secondary Schools

程序是案件得以公正处理的重要前提,是实现当事人实体权利的重要保证。然而,我国鲜有人研究校园欺凌事件的处理程序。在比较的基础上,我国校园欺凌事件处理程序应由申请与检举、审查与受理、调查与处理、辅导与评估、申复与申诉五部分组成,该程序具有阶段性比较清晰、内容比较详实具体、操作性比较强的特点。关于处理程序中的学生辅导可分为以不特定多数学生为对象的集中性辅导、以满足个体学生个别化需求为目的的个别性辅导和针对问题比较严重学生所提供的专业性辅导三种,其辅导任务分别由普通教师、辅导教师和专业辅导人员承担。按照欺凌处理程序的发展进程,根据权利具有对应性、权利义务相互依存性的理论,建构了当事人及参与人的程序权利及其体系。

The procedure is the important prerequisite for ensuring the fair handling of the cases,is the important guarantee of realizing the substantive rights of the parties.However,few people in China have studied the procedures for the handing campus bullying.On the basis of comparing the processing procedures of the campus bullying between China and foreign countries,the processing procedures of the campus bullying of our country should consist of the application and the prosecution,the examination and the acceptance,the investigation and the processing,the coaching and the evaluation,the reviewing and the appeal.The procedure is of the clearer stages and the easier operation.The coaching in the processing procedures of the campus bullying can be divided into three types:the group coaching that takes most of students as the object of counseling,the individual coaching that meets the needs of the individual student,and the processing coaching that makes arrangements for the students with the serious bullying conducting.Their main coaching duties are respectively performed by the ordinary teachers,the full-time coaching teachers and the professional counselors.According to the development process of the processing procedures of the campus bullying,in the light of the theory that rights should have correspondence and rights and obligations should be interdependence,the systems of the procedural rights of the parties and participants are constructed.