The Study On The Treatment System Of Juvenile School Bullying

In recent years,we can hear news and reports about school bullying and juvenile delinquency constantly.This phenomenon has drawn our attention.Some serious school bullying incidents even led to criminal offenses.Guilty minors had been sent to judicial organs to accept the punishment.Their criminal actions cause the extensive injury on physical health personal dignity and mental health of the victims.Besides,these actions challenged the order of school,and endangered campus security.According to the investigation of the scholars and the Supreme People’s Court,school bullying is becoming common and related more violators and victims.Besides,The methods of bullying are more diverse and complex.Some school bullying cases even unfortunately end with self-injury and suicide.However,we don’t have a complete and effective system about prevention and punishment of school bullying now.We don’t have complete legal system and even have no special law about school bullying.Besides,the judicial treatment principles and standards are very ambiguous.As a result,there is no special punishment measures for violators of school bullying.The incomplete legislation and inflexible judicial system lead to the present situation,in which we can’t apply laws exactly to the minors related in school bullying.It may cause free discretion and the phenomenon of "different sentences in the same kind of cases".There is no adaptive treatment system to punish these minors who injuried others in school bullying incidents.It makes it difficult to educate and save those minors by giving them lighter punishment than adults.The lack of connection between criminal punishment and other punishment measures leads to the problems of supervision and control of some trouble kids,which can not correct their actions and prevent them to make the same mistakes.There fore,we must to try to structure a complete juvenile liability investigation system and treatment system of school bullying on the aspect of legislation and judiciary.Firstly,we need to make the top-level design.It means that we should set up a complete legislation system of prevention and punishment about school bullying,in which we should distinguish school bullying from normal harmful actions occurred in schools,distinguish school bullying from pranks between students,and distinguish school bullying from school violence.Only in this way,can we define school bullying accurately,and handle the boundary between school bullying crime and illegality.Only in this way,can we make the foundation of preventing and punishing school bullying.Secondly,we should establish the graded treatment system of school bullying,which points out both the punishment authority and the punishment standards and principles.On one hand,we should pay attention to education and saving.On the other hand,we should emphasize the punishment principle of "lenient but not indulgent",which means that we should give punishment based on their criminal actions,and give graded treatment to minors related with school bullying.Thirdly,we shoud use both punishment and preventive measures,and expore more penalty punishment measures and non-penalty punishment measures.Such as,we can reform the treatment measures which is not adapted to the new area,endow critical prevention measures with law-enforcement coerciveness,and explore the social mode participating in educating and saving the juveniles.In the essay,I will analyse the defects of the responsibility investigation mechanism of school bullying,based on the judicial practice of the criminal cases and compared to the legislation abroad,by the means of literature research,case research,investigation and comparative law research.Then,I will explore to find ways to structure a complete treatment system of school bullying.I hope to find efficient means to prevent and punish school bullying in the aspect of laws.Also,I hope to reduce the incidence of school bullying and give a harmonious and orderly campus environment to minors.