Girl Forced to Kneel and Call "Dad" During Bullying: Do Juvenile Delinquents Need Legal Protection?

On July 22, a video suspected of showing underage bullying was exposed on social media in Yixing, Jiangsu. In the video, a group of girls repeatedly slapped a girl, forced her to kneel and say "Daddy, I was wrong," and one of the perpetrators shouted, "Should I call the police for you? Even if you call them, they won't find me." The exact time and location of the incident are yet to be confirmed, and local police have received the information and launched an investigation. (This report is from Lychee News)

In recent years, school bullying incidents have occurred frequently, seriously endangering campus safety and students' personal safety.

　　In May of this year,

　　#Middle school student bullied by classmates for 211 days, diagnosed with depression#

A student from Qixian No. 1 Middle School in Shanxi suffered from cigarette burns on hands, a steel pipe stuffed in the mouth, and burned beard, among other forms of bullying for over 211 days. By the time the parents discovered it, the student was already suffering from moderate depression.

From the long post published by the victim, it is learned that from October 8, 2018, to May 7, 2019, a total of 211 days, Li and over ten others subjected him to long-term bullying and brutal beatings in the dormitory. After his first experience of campus bullying, he reported it to the homeroom teacher, but instead suffered even more severe retaliation.

The victim went from initial resistance to eventual numbness...

Until May 8, 2019, Li, Yan, and others physically attacked him with steel pipes.The perpetrators inserted a hollow steel pipe into his mouth, blew cigarette smoke into it, burned his hands with lit cigarette butts, singed his beard, poured water over his entire body, and recorded videos to share in group chats...He suffered multiple burns across his body and a persistent high fever. His family discovered this and rushed him to the hospital overnight.

　　In April of this year,

　　#14-year-old teenager beaten to death by classmates#

A 14-year-old middle school student named Zhang Kai (pseudonym) in Longxi County, Gansu Province, was beaten by five schoolmates for seven to eight minutes. "The back of his skull was fractured, the bone at the corner of his left eye was broken, one rib on his back was fractured, and his lower body swelled to the size of two fists." He was then sent to the hospital for emergency treatment but died despite efforts.

In the forensic report, the cause of death was severe craniocerebral injury:

But the hospital's examination report was even more shocking:

Left temporal petrous bone discontinuity, increased density in the left mastoid air cells, fusiform high-density shadow under the left temporal and occipital cranial plates, subarachnoid hemorrhage, intraventricular hemorrhage in the left lateral ventricle; contusion and laceration of the left cerebellar hemisphere; contusion of both lungs; fracture of the left first posterior rib; multiple bronchial mucus obstructions in both lungs...

　　Zhang Kai's father is an ordinary migrant worker in the countryside. The first time he flew in his life was to see his son for the last time.

(Holding his son's glasses, he pressed his lips tightly)

　　Searching for similar news on Baidu yields over 130,000 related results.

Although local governments and schools have successively introduced a series of policies and documents, the actual situation shows that the results are not ideal. The embarrassing and worrying reality that campus bullying cannot be severely punished is a true reflection of the current state.

According to the survey,Campus bullying incidents mostly occur among those aged 12 to 16.This group has not yet completed their psychological development, but physically, they already possess sufficient capacity for action. However, due to the incomplete legal provisions in this regard in our country, the bullying behavior of this group has never been subject to severe legal punishment, which has led many underage campus bullies to act recklessly, even showing contempt for the law.

According to China's Criminal Law, individuals under the age of 14 are considered to have no criminal capacity and are not criminally liable for their actions. Those between the ages of 14 and 16 bear criminal responsibility for eight specific crimes: intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, and the release of hazardous substances. Ordinary school bullying, however, falls far short of these eight crimes, and the existence of the Law on the Protection of Women and Children's Rights, the Law on the Prevention of Juvenile Delinquency, and the Law on the Protection of Minors makes it even more difficult to effectively address school bullying.

Currently, many countries such as the UK and the US have long enacted specialized legislation to regulate school bullying.In the United States, if a juvenile involved in a school violence case is under 18, the court will use counseling and warnings to inform the student that bullying is unacceptable. If the consequences are severe and there is a prior record, even if under 18, the case can be tried as an adult criminal case, with conviction and sentencing according to adult crime standards.

In fact, minors, within their age-based cognitive range, already possess a certain degree of responsibility. When their bullying behavior meets the constitutive elements of other crimes, they should bear corresponding legal responsibility. Currently, China's legislation in this area is lacking, and it is necessary to quickly improve the legal system by enacting specialized laws to regulate and manage school bullying, or by issuing relevant judicial interpretations within the existing legal framework.

　　A lawyer from Guangdong Zhiming Law Firm believes that,Minors should not become a blind spot in legal governance. Even if they are minors, as long as their actions violate criminal law and cause actual serious harmful consequences, they should be held criminally responsible. China should promptly adjust its overemphasis on protecting minors, severely punish juvenile criminal behavior, and make them accountable for their actions!