用法治理性防治校园欺凌

The Prevention of School Bullying with the Rationality of Rule of Law

防治校园欺凌,法治不应失声,理性不能缺位。法治理性是自由与约束的统一,因而防治欺凌要求用规则明确学生行为的尺度;法治理性是教育与惩戒的和谐,因而防治欺凌需要对欺凌者教育与惩戒共举;法治理性是权力与责任的对等,因而防治欺凌须用责任倒逼学校、教师、父母履行法定职权;法治理性是实体与程序的平衡,因而欺凌防治呼唤一套公正的欺凌处理程序。欺凌的频发,既非学生一人之因,也绝非学校一家之责,为此,需要学生、家长、教师、学校、社会与政府都各司其职、各尽其责。如此,方能避免"责任稀释",真正将欺凌防治纳入法治轨道。

To prevent and cure school bullying,the rule of law should not lose its voice,and there should not be an absence of rationality. The rationality of rule of law is the unity of freedom and constraint,thus the prevention and cure of school bullying requires regulating the actions of students; the rationality of rule of law is the cohesion of education and punishment,thus the prevention and cure of school bullying requires the combination of education and punishment to bullies;the rationality of rule of law calls for corresponding power and obligation,thus the prevention and cure of school bullying requires schools,teachers and parents to fulfill their legal power with the use of responsibility; the rationality of rule of law is the balance between entities and procedures,thus the prevention and cure of school bullying calls for a fair disposal procedure of bullying. However,the organic combination of the limits of freedom,intensity of security,dimensions of equality,scale of procedures is the very essence of justice. Thus,an ideal control system of bullying should either restore the school orders or realize the justice of settlement.In a word,the ultimate goal of prevention and cure of bullying is the accomplishment of just school orders. Bullying is a frequent occurrence that should not simply blame a student or a school. Instead,all parties,including students,parents,teachers,schools,the society and the government,should work together,each fulfilling their responsibilities properly. In this way,we can avoid"dilution of responsibility",and bring bullying into the orbit of rule of law.