Law

The newly revised Law on Public Security Administration Punishments no longer uses age as a shield against campus bullying

2026-01-27   

Campus bullying is not just a "little fight" among classmates. The newly revised Law on Public Security Management Punishments, which came into effect on January 1st, has shown its sword to campus bullying and for the first time included it in the scope of public security management penalties. Kong Jiaqi, a lawyer from Beijing Jingshi Law Firm, recently pointed out in an interview with the "Rule of Law Daily" that the newly revised Law on Public Security Management Punishments presents distinct characteristics of "clear definition, strengthened intervention, implementation of responsibilities, and emphasis on rescue" in the governance of campus bullying. It has initially established a closed loop system of pre prevention, in-process disposal, post correction, and record protection, marking a crucial step for China in the protection of minors and the legalization of campus order. Clear definition of illegal campus bullying is a nightmare for many students, which not only seriously affects the physical and mental health of the bullied, but also has a huge negative impact on the entire campus environment and society. For a long time, due to the vague legal definition of campus bullying incidents, victims often face difficulties in providing evidence and being unable to prove causal relationships, resulting in many bullying behaviors not being timely and effectively stopped and punished. Article 60 of the newly revised Law on Public Security Administration Punishments clearly stipulates that if student bullying is committed by beating, insulting, intimidating and other means, which violates public security administration, the public security organs shall, in accordance with the provisions of this Law and the Law on the Prevention of Juvenile Delinquency, impose public security administration penalties and take corresponding corrective education measures. Kong Jiaqi analyzed and pointed out that this provision for the first time explicitly listed "student bullying" as an independent illegal act in the Public Security Administration Punishment Law, clearly divided the boundary between student fighting and illegal bullying, and directly stated that the public security organs should intervene and deal with it, solving the problem of "no basis" and "no evidence for intervention" from the source, significantly enhancing the authority and timeliness of governance of campus bullying. Liu Ling, a partner at Beijing Haotian Law Firm, added that although Article 39 of the Law on the Protection of Minors mentions student bullying, it lacks direct and specific administrative penalties as the Law on the Protection of Minors is a comprehensive protection legislation. The Public Security Administration Punishment Law directly grants the public security organs the administrative penalty power for illegal acts. Once upon a time, the phrase 'he's still a child' became a shield for campus bullying. According to the previous Public Security Administration Punishment Law, minors who are over 14 years old but under 16 years old, or who are over 16 but under 18 years old and have violated public security administration for the first time, will not be subject to administrative detention punishment. The original intention of making relevant regulations in the law is to consider that the mental development of minors in this age group is not yet mature, reflecting the principle of "education as the mainstay and punishment as the supplement" for minors. However, with the increasing attention paid to the phenomenon of juvenile delinquency at a younger age, coupled with some bullies maliciously abusing the "age protection period", the previous regulations lack effective deterrence. The newly revised Law on Public Security Administration Punishments has made important adjustments to this, stipulating that for minors who are over 14 years old but under 16 years old, if their violations of public security administration are serious and have a negative impact, or if they commit two or more violations of public security administration within one year, they can be subject to administrative detention according to law. At the same time, for minors who are over 16 but under 18 years old and have violated public security management for the first time, if the circumstances are serious and the impact is severe, administrative detention can also be carried out. For those who are not detained according to law, the public security organs should take corresponding corrective and educational measures. This revision scientifically lowers the age threshold for punishment for specific serious behaviors, reflecting the strict attitude of the law towards vicious bullying, and balancing the severity of punishment and the purpose of rescue through the principle of 'combining punishment with education', which helps to build a more hierarchical system of behavior restraint and correction. ”Kong Jiaqi noticed that the newly revised Public Security Administration Punishment Law stipulates that records of violations of public security administration should be sealed and not provided or disclosed to any unit or individual, except for those required by relevant state organs for case handling or those queried by relevant units in accordance with national regulations. This regulation can avoid the "label effect" for minors involved, reflecting the cautious balance between legislation in maintaining social order and protecting the future development of minors. The key to effectively preventing and controlling campus bullying lies in early detection, early reporting, and early intervention. However, in some previously exposed cases, some schools have resorted to appeasement, downplaying or even concealing facts, which not only condones bullying behavior but also seriously damages the legitimate rights and interests of victimized students. In order to strengthen the responsibility of schools, the newly revised Law on Public Security Administration Punishments clarifies the compulsory reporting and timely disposal obligations of schools. It stipulates that if schools knowingly report or dispose of serious student bullying or other crimes that harm underage students, they will face legal consequences such as being ordered to make corrections, and the directly responsible supervisors and other directly responsible personnel may also be punished. Kong Jiaqi believes that this provision sets clear legal responsibilities for schools, which will effectively urge them to fulfill their main responsibilities, and proactively establish a full process mechanism for prevention, detection, disposal, and reporting, moving the prevention and control checkpoint forward, making schools truly the first responsible person for student safety. The newly revised Public Security Administration Punishment Law has strengthened the governance of campus bullying from multiple dimensions. Kong Jiaqi believes that in order to eradicate campus bullying, a joint effort is needed. Public security organs should strictly regulate law enforcement, education administrative departments and schools should fulfill their main responsibilities, families should take on educational guardianship responsibilities, and the spirit of the rule of law should be integrated into daily campus life, fundamentally creating a safe, healthy, and friendly growth environment. (New Society)

Edit:Linian Responsible editor:Jiajia

Source:legaldaily

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