中小学校园欺凌的法律阐释及干预

Legal Explanation and Intervention of Campus Bullying in Primary and Secondary School

校园欺凌是指学生个人或群体恶意利用力量或地位优势,通过侮辱手段持续反复地伤害其他学生,使其身体和精神遭受痛苦甚至出现严重后果的违法行为。它与校园暴力和教育教学活动中学生间的一般冲突既相互关联又相互区别。作为一种违法行为,校园欺凌侵权的构成要件与一般人身伤害基本相同但又有其特殊性,其归责原则适用过错法律归责原则与过错推定原则。预防和治理校园欺凌需要国家加大校园欺凌的教育立法与教育执法。

Campus bullying is one kind of illegal behavior. It means that the students, individual or group, use their advantage of strength or status maliciously to insult and hurt other students repeatedly and caused the victims physical and mental suffering and serious consequences. Campus bullying is related to and also different from campus violence and conflict of body and language existing in students’ daily life. As illegal behavior, campus bullying's legal requisites are same to body hurt, but it has its particularity. Its criterion of liability fits to liability prin-ciple of fault and principle of fault deduction. It should be emphasized that govern-ment strengthens educational legislation and enforcement in order to prevent and control campus bullying.