Journal of East China Normal University(Educationa ›› 2017, Vol. 35 ›› Issue (2): 12-23+115.doi: 10.16382/j.cnki.1000-5560.2017.02.002

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Managing School Bullying: A Cross-disciplinary Dialogue

Center of Collaborative Innovation on Youth Legal Education by MOE (ECNU)   

  1. Law School of East China Normal University, Shanghai 200241
  • Online:2017-04-20 Published:2017-03-27

Abstract: From a multidisciplinary perspective, we can have a better understanding of school bullying, which will help prevent and control the phenomenon. #br#From the perspective of moral philosophy, bullying has the nature of moral value judgment, which includes the malicious and hurt of the bully, the moral indifference of the spectator and the hurt and insult of the bully. From the perspective of political science, the problem of bullying on school is closely related to social development. School bullying is a kind of social conflict. Solving the problem should rely on the rule of law which is an externalized approach.#br#From the sociological point of view are the social environment, the internal governance situation of the school, the bully, the victim and the bystander the formation conditions of the school bullying. The governance plan needs to be continuously improving and optimizing aspects as the educational content and the school management. From the physical point of view, the school violence is interpersonal violence, The school should cultivate students' psychological ability and other useful methods in order to deal with the school violence, instead of teaching them how to avoid it. The reason for bullying is that they are keen to seek a sense of achievement in the struggle against violence. Therefore, to solve this problem, firstly, we need to understand them and treat them with care and respect. Secondly, searching solutions from law. From the psychological point of view, the school should strengthen the cultivation of students' psychological quality and reduce the psychological health damage to both the victims and the bully. From the perspective of law, but also have different ideas, the first perspective can be attributed to the cause of school bullying spread of consciousness and lack of rational values, lack of civic education, institutional construction lag, the solution focuses on the purification of social environment, Education and the establishment of disciplinary mechanisms. From the second point of view, it is necessary to set up a special legal document, at the same time, revise and improve the existing laws and documents, also increase the content of the prevention and treatment of bullying. The third point of view is that we should set up the special legal system from the following four aspects: establish a clear legal mechanism of rights and responsibilities, develop a multi-level regulations, implement the existing laws and regulations, create a new prevention and control measures. From the fourth point of view, we should analyze the application of the criminal law of the minor crime from the following three aspects: the legal interest infringement, the condemnation, the personal danger. The fifth point of view holds that China should learn from the experience that the United states has. Especially from aspects like such as clear concept and establish the legal prevention mechanism, the reporting mechanism, the handling mechanism and so on.

Key words: school bullying, interdisciplinary, school violence, bullying, prevention mechanism