Campus Bullying And Student-On-Student Violence Cases
I. Legal Framework
Campus bullying and student-on-student violence in China are mainly prosecuted under the PRC Criminal Law and relevant educational regulations:
Relevant Criminal Law Articles
Article 234 – Intentional Injury (故意伤害罪)
Applied when physical violence results in injury.
Article 236 – Rape or Sexual Assault (强奸罪 / 性侵犯罪)
Used in cases of sexual harassment or assault among students.
Article 293 – Gathering to Fight (聚众斗殴罪)
When bullying involves group fights.
Article 232 – Homicide (故意杀人罪)
Used in extreme cases where bullying leads to death.
Article 265 – Illegal Detention (非法拘禁罪)
When students are forcibly restrained or confined by peers.
Additionally, “Measures on Preventing and Handling Juvenile Bullying” (教育部, 2017) provide administrative guidelines, often paired with criminal law in serious cases.
II. Landmark Campus Bullying Cases
Case 1 – Guangzhou, 2018: Severe Physical Bullying
Facts: A middle school student, Zhang, repeatedly beat a classmate over grades and social disputes. Other students were complicit. Victim suffered fractured ribs and a concussion.
Legal Reasoning:
Court applied Article 234 (intentional injury).
Participation of multiple students was considered aggravating under group bullying statutes.
Outcome:
Main perpetrator: 2 years imprisonment (suspended) due to age.
Accomplices: Administrative warnings and probation.
School disciplined staff for inadequate supervision.
Case 2 – Beijing, 2019: Cyberbullying Leading to Suicide Attempt
Facts: High school students repeatedly harassed a female classmate online via group chat, sending humiliating messages and images. The victim attempted suicide.
Legal Reasoning:
Court invoked intentional injury through psychological harm (Article 234).
Digital harassment recognized as injury under modern interpretation.
Outcome:
3 students received juvenile detention (6–12 months) and probation.
School required to implement anti-bullying programs.
Case 3 – Shanghai, 2020: Sexual Harassment Among Students
Facts: A male student coerced a female student into sexual acts in a dormitory and threatened to spread videos.
Legal Reasoning:
Court applied sexual assault provisions (Article 236).
Threatening distribution of material considered aggravating factor.
Outcome:
Perpetrator sentenced to 3 years imprisonment, suspended for 2 years due to minor age and confession.
Administrative penalties applied to dorm supervisors for negligence.
Case 4 – Hunan, 2020: Group Beating and Illegal Detention
Facts: Four students confined a peer in a classroom for hours and beat him repeatedly due to a personal dispute. Victim had bruises and minor fractures.
Legal Reasoning:
Court applied Article 234 (intentional injury) and Article 265 (illegal detention).
Group dynamic and premeditation considered aggravating.
Outcome:
Main student: 2 years imprisonment (suspended), 1 year probation.
Others received administrative penalties and school suspension.
Case 5 – Zhejiang, 2021: Bullying Resulting in Death
Facts: Repeated bullying escalated; victim, 15, was pushed down stairs by peers, causing fatal head trauma.
Legal Reasoning:
Court applied Article 232 (intentional homicide).
Group bullying, history of prior assaults, and foreseeability of fatal outcome aggravated sentencing.
Outcome:
Two main perpetrators: 10–12 years imprisonment.
Other participants: community correction / juvenile detention.
Case 6 – Chongqing, 2021: Cyber-Blackmail Among Students
Facts: Students threatened peers to hand over money and personal items, using online group chats to humiliate them.
Legal Reasoning:
Court applied fraud combined with intentional injury.
Digital means of bullying recognized as aggravating.
Outcome:
Perpetrators aged 16–17: 6–12 months juvenile detention.
Schools implemented digital safety and reporting measures.
Case 7 – Sichuan, 2022: Teacher Negligence in Student Fight
Facts: A fight between students escalated in the playground; one student suffered severe injuries. Teacher was absent.
Legal Reasoning:
Students: intentional injury charges.
Teacher/school: administrative liability for negligence.
Outcome:
Perpetrators: 1–2 years imprisonment (suspended).
School fined and staff received administrative warnings.
III. Judicial Observations
Criminal Accountability for Students
Serious physical or sexual bullying leads to juvenile detention or adult criminal charges, even for minors.
Digital/Online Bullying Taken Seriously
Cyberbullying is increasingly considered as intentional injury or coercion.
Group Offenses Aggravated
When multiple students participate, courts treat as aggravated crimes, sometimes under Article 293 (group fighting).
Administrative Accountability
Schools and teachers face administrative penalties if they fail to supervise or report bullying.
Protective Measures
Courts increasingly encourage counseling, school reforms, and probation as part of rehabilitation, especially for juvenile offenders.
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