Given a certain disciplinary authority school management student bullying
is recommended when the NPC Standing Committee to consider draft amendments to the Protection of Minors Act II review
□ Our reporter Pu Xiaolei
The 20th meeting of the Standing Committee of the 13th National People's Congress reviewed the second draft of the revised draft of the Law on the Protection of Minors in June 30th.
In order to take measures to strengthen the management of student bullying, the second draft of the revised draft improves the processing procedures for student bullying and adds regulations: schools should not conceal serious bullying behavior, and they should report to the public security organs and education administrative departments in a timely manner, and Cooperate with relevant departments to deal with according to law.
In this regard, the participants believed that the second review draft of the revised draft clearly stipulated that the school must report the mandatory bullying behavior is a major bright spot, and it is more targeted and operable to manage the problem of student bullying. At the same time, the draft still has room for further improvement.
Article 37, paragraph 3, of the second draft of the revised draft stipulates that for underage students who commit bullying, the school shall, according to the nature and extent of the bullying behavior, strengthen discipline in accordance with the law. The school shall not conceal serious bullying behavior, and shall promptly report to the public security organ and education administrative department, and cooperate with relevant departments to deal with it according to law.
Committee member Wang Yanmeng said, "Strengthening discipline" is a vague statement. How should discipline be regulated? Schools can strengthen discipline, but there are many prohibitive regulations for teachers to punish students, so there is no content and formal regulations on "strengthening discipline" here. Is the teacher calling students to the office to criticize and call "strengthening discipline"? "? There are no standards implemented in actual operation, which are difficult to apply and will cause problems to be handled in a formal manner. Therefore, it is necessary to clarify the relevant content.
Liu Xiya, a deputy to the National People's Congress, who attended the meeting, suggested that Article 37, paragraph 3 should be changed to “For minor students who commit bullying, schools should strengthen education, admonishment, and reflection on isolation at home, etc. according to the nature, degree, and consequences of bullying. Discipline. Schools must not conceal serious bullying behaviors, and promptly report to public security organs and education administrative departments, cooperate with relevant departments to investigate and deal with minor incidents, and adopt community service corrections, home reflection education, and forced transfers according to the situation. Special schools and other methods. Parents or other guardians of underage students who are bullying shall cooperate with discipline and bear corresponding responsibilities."
Commissioner Du Yubo said that in actual educational activities, there are still problems such as the lack of clear regulations on the reasonable limits of teacher punishment, which makes the boundary between corporal punishment and punishment unclear. The law does not give schools and teachers a certain disciplinary power, resulting in schools and teachers often unable to do anything about bullying on campus. It is recommended that on the basis of existing regulations, further clarify the principles of education and discipline, such as the principles of legality, proportionality and education. Relevant departments can formulate implementation rules in accordance with the principled rules determined by law, make strict and specific restrictions on the subject, authority, scope and method of education punishment, clarify the boundaries of education punishment, and give schools and teachers the necessary punishment rights for students, Through the combination of punishment and care, the scientific protection of the legal rights and interests of minors in the original law is achieved.
Member Zhang Bojun suggested that after "improving security facilities and equipping security personnel" as stipulated in Article 33 of the second review draft of the revised draft, add the content of "sound traceability information system", because the information traceability system on the one hand Persons and staff can implement effective supervision, on the other hand, when the accident occurs, it can retain evidence when handling, for example, in the use of school buses, food safety, student corporal punishment, campus bullying and other behaviors and events, can pass this system Supervision is well implemented and can play a very important role in the process. If we only talk about security facilities, they are often understood as traditional facilities, which are not highly targeted.