Research On Juvenile Criminal Responsibility In School Bullying

In recent years,there have been frequent cases of vicious school bullying,and the public has launched a heated discussion on whether or not minors have criminal responsibility.Caring for minors is a basic concept that countries all over the world cherish,but how to be tolerant but not indulgent,there is a misunderstanding in relevant departments in some regions.In the case of school bullying,more emphasis is placed on the rescue of juvenile bullies,less on the necessary punishment,and the protection of the victims of the juvenile is neglected.To clarify the concept of school bullying is the premise of studying its criminal law regulation and criminal responsibility.Starting from the concept of "school bullying",this paper analyzes the new changes and characteristics of school bullying at the present stage.One is that the subjects of bullying tend to be younger and female.Secondly,the bullying behavior is hidden;Thirdly,bullying behavior is repeated and universal.Fourth,the means of implementation are diversified and more cruel.From the perspective of the possible offenses involved in campus bullying,there are the crimes of intentional homicide,intentional injury,instigating disturbance,illegal detention,rape,forced indecent assault on women,and so on.From the perspective of the investigation of criminal responsibility,the overall sentence imposed by the judiciary is relatively broad and gentle.There are three main reasons.First,it is influenced by China’s consistent traditional concept of juvenile delinquents.Second,the age of criminal liability stipulated in China’s criminal law does not conform to the current social development;Thirdly,in the process of accountability for minors,the judicial organs overemphasize the non-criminal bearing method,while the provisions of China’s criminal law on the non-criminal bearing mode of minors still need to be improved.We must know that bullies and bullies alike are minors and need the same attention and protection from the law.We should do both the necessary education and rescue to the bullies and not indulge the bad bullies.We should put an end to the one-sided idea of light punishment.Through studying the advanced experience of foreign countries in dealing with school bullying,I put forward Suggestions for the modification of China’s criminal policy,age division of criminal responsibility and bearing of criminal responsibility,so as to realize the protection of minors who are bullied.