School Bullying in Judicial Practice:Problems and Countermeasures
From the 151 files in courts,the trial judges decided whether it was bullying accidents according to the elements of infringement,such as the occasion when bulling occurred,the strength contrast of both sides,subjective malice,the insulting behaviors,and the damage in body and mentality,etc.But for the long-term cumulative and hidden characteristics in bullying,the court usually didn't consider,which harmed the bottom line function and deterrence of Law.There are three problems injudicial practice:the definition deviation of bullying,the partial judgment of the object,and the improper handling of the result.So this article put forward that it should be further clarified for the legal definition and identification requirements of bullying,and establish the judicial regulation principle of"emphasizing civil and light criminal"based on the right of personality,and strengthen the relief path of non-civil compensation.So that it could provide better judicial safeguard measures for the governance of school bullying.
school bullyinglegal responsibilitypersonality righttort
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