Resolving Campus Nightmares
Education and legal protection help battle school bullying
In an age of sci-fi and animation films, one of the most acclaimed movies released in China in late October, surprisingly, is based in school. Better Days, directed by Tsang Kwokcheung, starts out with a 12th grader preparing for gaokao, the national college entrance examination, but then becomes a universal tale of school bullying, depression and teen angst shared by millions of youngsters the world over.
The film shines a light on school bullying, which is a problem in China as well. According to an ongoing survey launched in 2013 by the National Survey Research Center at Renmin University of China, over 50 percent of the primary schoolchildren surveyed said they had been bullied in school. It also says the figure was 61.2 percent in junior middle school and 49.6 percent in senior middle school.
Extensive fallout
“Bullying can develop into violence without effective prevention and correction,” Wang Zhe, a lawyer specializing in juvenile judicial protection, said. Wang said bullying is prompted by
malice seeking to humiliate a weaker person and doesn’t stop after one incident. It continues verbally, physically, socially and on the Internet.
Bullying has a negative impact on students’ cognitive development and academic performance. In addition to psychological and physical harm, it makes them prone to depression and illness. In the long run, bullied students will have difficulty to be happy or trust others when they become adults.
Wang attributed bullying to the nature of youngsters who lack a conscience and bad behavior makes them feel good and superior. “If bullying is not stopped, it will become more and more abusive,” he warned.
Hao Wansheng, a juvenile affairs specialist in Kunming, Yunnan Province, told Beijing Youth Daily that students who have a poor academic record and are therefore not confident are likely to hurt others out of anger and aggressiveness.
The Internet is often used to step up bullying. According to a report on the protection of minors’ rights and interests by the Beijing First Intermediate People’s Court in August, since 2009, nearly 70 percent of juvenile crime has been found to be related to the Internet, such as pornography, violence and gambling.
The report also says that more than 50 percent of the reported injuries sustained by minors occurred in the school playground and sports venues. In 37.2 percent of the cases, the schools were held primarily or wholly responsible for failing to prevent the incidents.
The absence of training for teachers to tackle bullying as well as bad parenting, which ranges from violence to negligence, also lead to problems in children’s social behavior. In addition, the current trend that encourages students to question and challenge what they are told has contributed to lessening the authority of schools and parents, Wang said.
Prevention, not punishment
There is judicial recourse to stop or punish bullying, but that is limited as minors, even when involved in bullying, enjoy protection by the law. How to sentence minors responsible for criminal offenses is often a problematic issue. But since not all bullying cases are criminal acts, the way a school controls bullying is significant.
On August 23, before the autumn semester started, the State Council, China’s cabinet, told local governments to direct schools to regulate bullying through a coordinated mechanism, that is, the joint efforts of teachers and parents.
It said that besides management of schools and their surrounding areas, communication with parents and cooperation with police need to be strengthened to eliminate potential danger. Teachers should also be alert for emotional changes in students and their relations with others, which can provide an early warning. Parents can teach their children to be aware of bullying so that they can ask for help if they are bullied, or help others who are being bullied.
Early intervention, such as prevention and protection, is more important than punishment afterward. Wang said he has found that education and counseling work on 95 percent of the students. “So schools should implement legal education. Instead of having a teacher give lectures on the subject once or twice annually, there should be a regular post for teaching students about the law and how it can protect victims,” he said.
Punishment will also serve as a lesson for bullies and deter potential offence. Wang suggested that students guilty of misconduct should be given psychological counseling and have their behavior rectified by professional social workers, followed by vocational education.
Legal protection
In 2016, a guideline to address bullying and violence in primary and secondary schools was issued jointly by authorities, including the Ministry of Education, the Ministry of Public Security and the Supreme People’s Procuratorate. A comprehensive plan targeting bullying was implemented in 2018, followed by local policies.
However, Wang thinks the current laws on campus bullying are not enough to protect students. For instance, the Law on the Protection of Minors does not have specific articles to address the issue.
The government is taking steps to improve the legal system. On October 26, the draft revision of the Law on the Protection of Minors, which responds to many public issues such as school bullying and Internet addiction, was reviewed at a bimonthly session of the National People’s Congress Standing Committee. Together with the draft revision of the Law on the Prevention of Juvenile Delinquency, it has entered the phase of modification and improvement. The two revised laws will be adopted soon.
The revised draft of the Law on the Protection of Minors clearly defines school bullying for the first time. It also proposes establishing special residential schools where bullies can be transferred for targeted education to correct their behavior based on their psychology. The draft also adds that society, schools and families should not abuse or discriminate against children found bullying others.
The draft empowers public security authorities and courts to order parents and other guardians, who are found to use violence or neglect their minor wards, to undergo family education guidance. Government at all levels should include the guidance in public service.
According to the Supreme People’s Procuratorate, school bullying has shown a declining trend in recent years. It is expected that the revised laws, once they are adopted, will provide better protection for young people.