“Campus violence or school bullying has occurred everywhere, and some activities have been very bad. The National People’s Congress’s Interior and Justice Committee has proposed to amend the “Law for the Protection of Minors” and the “Law for the Prevention of Juvenile Delinquency.” March 12, 13 At the press conference of the First National People's Congress, Wang Shengming, deputy chairman of the 12th National People's Congress Internal Committee, said.
Bullying in schools has become a hot topic in recent years. Containing bullying on campus has also become a strong voice of the entire society. In November 2017, 11 departments such as the Ministry of Education formulated and promulgated the “Comprehensive Governance Program for Bullying for Primary and Secondary School Students”. Many members, such as Wang Yijun and Gao Xiaomei, believe that the national level has already begun to pay attention to this issue, but it is still far from enough. It calls for the introduction of special legislation to punish both parties in accordance with the law and the rectification of behavior, and to provide children with healthy childhood.
Campus violence governance remains at the moral level
At one time, many people did not pay attention to bullying on school grounds as slapsticks or mischiefs among classmates. In recent years, a number of bad bullying incidents have been exposed on the Internet and caused public opinion to ferment. How to deal with bullying in schools has become an education sector. In front of a difficult problem to be solved.
In Beijing, there were two incidents of bullying on the campus that triggered a hot debate last year. In June 2017, a humiliating video of a student from Yanqing No. 2 Middle School in Beijing passed out on the Internet and triggered intense public concern. This is another chilling campus bullying incident after the hegemony incident in the second campus of Beijing's Zhongguancun District within half a year. Then the police in Yanqing District of Beijing issued a report that seven students involved in the case constituted a crime of causing troubles and harassment. Among them, five were administratively detained and fined, but because they had reached the age of 14 and were under the age of 16, they were not punished by administrative detention according to law. 2 people will not be punished because they are under 14 years of age.
The bullying of primary and secondary school students occurs in schools and secondary vocational schools and among students, single or multiple times, intentionally or maliciously performing bullying, insults through physical, verbal, and cyber means, causing bodily harm, property loss, or spirit to the other party. Incident such as damage. In November 2017, the Ministry of Education made a clear definition of this concept.
At the two sessions this year, representatives of people’s congresses engaged in grass-roots education summarized some recent trends in bullying on campus: First, younger age, bullying incidents also occurred in the middle school and primary school students; second, girls frequently became protagonists in bullying. The third is the rapid spread through the Internet.
In response to the bullying in schools, in April 2016, the State Council’s Office of the Education Steering Committee issued the “Guidance on Prevention and Control of Bullying and Violence by Elementary and Middle School Students” in the 20 months following the issuance of the “Notice on Conducting Special Treatment of Bullying by Students”. Interim Measures for the Special Supervision on Safe Work for Middle and Primary Schools, Schools (Kindergartens), the Opinions on Strengthening the Prevention and Control System for the Preschool and Kindergarten Risk in Primary and Secondary Schools, and the Comprehensive Governance Program for Bullying by Elementary and Middle School Students, etc.
According to the statistics of the Supreme People's Procuratorate, in the first 11 months of 2016, the nation’s procuratorial organs accepted a total of 1,881 suspected campus crimes and violent crimes. In the first 11 months of 2017, a total of 3,788 people were arrested for crimes of bullying and violent crimes in the campuses approved by the nation’s procuratorial organs, an increase of 50.3% over the same period.
Wang Yijun, director of the China Youth Research Center, said that the change in school bullying data does not mean that the number of cases of violent bullying has increased. This shows that in the past, the irrelevant and negligible cases have been incorporated into the management of law enforcement agencies. It is a good sign.
However, at present, China does not have a law that specifically addresses violence in schools. It is precisely because of the lag in the violence intervention mechanism in schools and the low cost of crime that the governance of domestic violence in schools has remained at a moral level for a long time. It has not risen to the law.
The strict balance between strictness and strictness in punishment
"There is no disciplinary action, which encourages the bully's unscrupulous behavior." Shi Xiaohong, deputy director of the Henan Higher People's Court, said. Laws and regulations on campus security are scattered in laws and regulations concerning the protection of minors, the general rules of civil law, and the treatment of student injury accidents. Some of these laws and regulations are not specific, and there are legal gaps. Responsibility principle and processing standard are not involved.
When talking about the existing relevant laws are not perfect, Gao Xiaomei, deputy director of the Standing Committee of Shanghai Municipal People’s Congress, said that China’s “Law for the Protection of Minors” and the “Law for the Prevention of Juvenile Delinquency” have placed greater emphasis on the protection of minors. Crime prevention, lack of disciplinary provisions.
"Too severe punishment makes it easy for children to give up on themselves," said Ma Jinglin, the fourth school principal of Beijing. On the one hand, law enforcers ignore the principle of punishment because of excessive emphasis on education principles, and will indulge in crime. On the other hand, if the judiciary pays too much attention to the principle of punishment and ignores the principle of education, it will lead young people to give up on themselves.
Dai Liyi, deputy principal of the East China Normal University and dean of the Open Education Institute, believes that bullying is not a crime and cannot be treated as equal. Bullies have no clear interest goals, just to gain a sense of presence. In fact, both victims and victims are victims. Many adolescent children have experienced this process of change. Campus bullying isn't terrible. It's terrible that it's not corrected. In particular, do not simply consider using legal means to solve the problem.
However, the corrective measures in our country are not sound at present. When the Central Committee of the Central Committee of the Chinese People's Revolution investigated, the existing "intermediate transitional measures" system, such as community corrections, foster education, and work-reading schools, compared with other countries' "juvenile justice system," in judicial corrections. There is still a big gap in the diversity and systematization of measures.
Punishment in accordance with the law and behavior correction
"Incomplete home education is the source of bullying in schools." Dai Liyi said. She suggested that a guardian accountability system be established. We will improve the specific means of “ordering parents to strictly discipline and control measures.” For example, parents may be ordered to teach and pay deposits, set a time limit of one to three years, etc. For example, “compulsory parenting education” may be introduced and elaborated.
Gao Xiaomei called for the formulation of the "Anti-campus Bullying Act" as soon as possible, integrating existing school regulations for the prevention and treatment of bullying in schools and raising it to special legislation. We will integrate existing prevention and treatment systems, measures and standards of school bullying and use it as part of the Anti-Camping Bullying Act.
"If the plot is bad, we must punish it without penalties. The minor circumstances or the younger ones can be corrected through other means." Gao Xiaomei said. For example, the “Social Service Order” was added to recommend juvenile criminal suspects who meet the conditions for non-prosecution to engage in unpaid work and give probation education to public welfare organizations; reform of work-and-read schools, including whether to increase mandatory terms, settings and occupations Educational convergence courses, etc.; establishment of a "workreading preparation system", that is, students still studying in the original school, after a certain period of preparation, according to the behavior of student deviation behavior, decide whether to withdraw preparation files or enter the work-reading school for reform and education.
"Remediating school bullying in a timely and effective manner, or it may result in more serious retaliation," said Ma Jinglin. Teachers should establish a good trust relationship between teachers and students, find, stop and correct children's bullying behavior in a timely manner, and do not regard child bullying as a manageable matter.
Wang Yijun believes that bullying on campus is a matter of society as a whole and every adult needs to reflect on things. Preventing and reducing bullying in schools requires adults to reflect on the culture they create, the values they hold, and the boundaries and patterns of getting along with them. Adults and children need to create a culture and environment that reject violence.