学生欺凌防治:理性再识与路径调适

Prevention and Governance of Student Bullying:Rational Reassessment and Approach Adjustment

学生欺凌的公共议题既推动了正式治理,也使公众认知及公共对策饱受罪案之困。治理初期保持了相对理性的综合治理思路,但对学生欺凌行为处置的宽纵饱受诟病,对零容忍政策的曲解在法律化过程中也有成为“正解”的趋势。思路的错位导致公众寄希望于通过对学生欺凌行为的事后处置达成学生欺凌治理的目标,并为严罚倾向的形成提供了支撑。对此,应当从个案处置与类案防治两个维度区分学生欺凌行为与学生欺凌现象,对前者应坚持“宽容而不纵容”的处遇理念,对后者则应依托治理理论,面向成长环境进行前端治理。学生欺凌防治需要专门立法,需要完善的保护处分制度,更需要构建政府主导、家庭首责、学校主责、社会参与的综合防治格局,尽可能“让学生欺凌问题不出校门”,不断健全救济与修复机制。

The public issue of student bullying has not only promoted formal governance but also subjected public perception and policies to the challenges of offence-related cases.In the early stage of formal governance in China,the excessive leniency in dealing with student bullying behaviors has been widely criticized,and the misinterpretation of the zero-tolerance policy is also trendily being deemed “correct interpretation” in the legalization process.This misaligned way of thinking has led the public to place their hopes on dealing with student bullying behaviors afterwards to achieve the goal of governing student bullying,thereby supporting a tendency towards severe punishment.Therefore,it is necessary to distinguish between student bullying behaviors and student bullying phenomena from the two dimensions of individual case handling and similar cases prevention and governance.For the former,the philosophy of “leniency without indulgence” should be adhered to,while for the latter,the theory of governance should be relied upon to carry out front-end governance towards the growing-up environment.The prevention and governance of student bullying require standalone legislation,a sound probation system,and especially the establishment of a comprehensive framework of prevention and governance with the government playing a leading role,families taking primary responsibilities,schools assuming major responsibilities,and social participation,so as to “keep the issue of student bullying solved within the school” as far as possible and constantly improve the mechanism of relief and restoration.