refers to incidents in which one party (individual or group) deliberately or maliciously bullying and insulting one or more times through physical, language and network means, causing physical and psychological harm, property loss or mental damage to the other party (individual or group) on or outside the campus.
What laws and regulations and crimes may be involved in campus bullying?
The laws and regulations that may be involved in campus bullying include: " Public Security Administration Punishment Law of the People's Republic of China ", " Criminal Law of the People's Republic of China ", " Law of the People's Republic of China Protection of Minors ", and " Civil Code of the People's Republic of China ".
Campus violence crimes may involve two aspects: one is personal rights crimes, including intentional homicide, negligent death , intentional injury, negligent serious injury, insult , rape and rape of young girls. On the other hand, there is property crime, including robbery and extortion.
How to use the law to protect your rights?
If the student who is over 16 years old and under 18 years old is bullying the weak with the big, bullying the weak with the strong, or pursuing mental stimulation, and beat others at will. If the circumstances are serious, other students will be convicted and punished for provoking trouble.
For those who commit serious social acts, although they will not be subject to criminal punishment because they are under the age of sixteen, it is recommended that the public security organs work with their parents or other guardians to strictly discipline them; if necessary, special correction education will be carried out in accordance with the law.
If a student who is over 14 years old and under 16 years old uses minor violence or threats, forcibly demanding other students that they carry with them in small quantities and do not cause serious consequences, it is not considered a crime, and should strengthen school education and family education.
As the victim's parents, they can sue the court, ask the other party to give compensation, and hold the school accountable.
Law link
Article 995 of the Civil Code of the People's Republic of China If personality rights are infringed, the victim has the right to request the perpetrator to bear civil liability in accordance with the provisions of this Law and other laws. The victim's right to stop infringement, eliminate obstacles, eliminate dangers, eliminate impacts, restore reputation, and apologize shall not apply to the statute of limitations.
Article 1188: If persons without civil capacity , and persons with limited civil capacity cause damage to others, the guardian shall bear the tort liability. If the guardian fulfills his guardianship responsibilities, his or her tort liability may be reduced.
If a person with property without civil capacity or person with limited civil capacity causes damage to others, the compensation fee shall be paid from his or her property; the guardian shall compensate him or her if the insufficient part is paid.
Author: Zhang Naiwen
Editor: Wang Chenwei
Editor: Zheng Libo
Editor: Yao Qiming
Editor: Yao Qiming
