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1. Research Background

Since 2016, incidents of school bullying in China have been frequent, showing a trend toward younger perpetrators and more severe cases, seriously harming students' physical and mental health. The 2017 "China School Bullying Survey Report" revealed that school bullying is widespread. In 2023, a severe bullying incident in Datong, Shanxi, and another in Handan, Hebei, in 2024, drew widespread public attention. School bullying is characterized by its harmfulness, persistence, pervasiveness, and covert nature. This article uses these two incidents as a starting point to explore the legal regulation of school bullying by young minors in China and proposes reasonable recommendations.

2. Incident Review and Controversy

On September 16, 2023, a fourth-grade student at a bilingual school in Datong suffered extreme bullying, leading to suicidal thoughts. Official reports indicate that two 9-year-old students subjected a 10-year-old to verbal abuse and physical assault. Authorities issued warnings and mandated psychological counseling and behavioral correction for the perpetrators, while their guardians were reprimanded and ordered to undergo family education guidance. This incident sparked public concern over bullying by young minors. Many argue that current penalties for young offenders are too lenient, and with juvenile delinquency rising overall—particularly among younger minors—questions have been raised about the minimum age of criminal responsibility. China’s Criminal Law stipulates that minors under 12 bear no criminal liability, those aged 12–14 are liable only for specific serious crimes, and those aged 14–16 face broader criminal liability, though no one under 18 can receive the death penalty. Globally, the minimum age of criminal responsibility varies from 0 to 16, with China’s current standard of 12 being moderate. Some scholars advocate lowering this age, arguing that inadequate punishment for severe misconduct amounts to tacit endorsement of bullying. Legal regulation of school bullying involves multiple stakeholders: students, guardians, schools, teachers, and educational authorities. Students must develop positive values and interpersonal skills, guardians must responsibly educate and supervise their children, schools must establish robust anti-bullying systems, teachers must closely monitor student behavior and mental health, and educational authorities must formulate and enforce anti-bullying policies. If offending minors lack personal assets, civil compensation typically falls to guardians, though schools may share liability if negligent. The handling of the Datong case largely aligns with this framework. Under China’s current legal system, families and schools bear primary responsibility for bullying by young minors. Guardians face strict liability in civil law, while schools owe a duty of care; failure to fulfill these obligations can result in civil liability. In Datong, the bullying persisted for a year and a half, exposing the school’s negligent oversight. Key legal texts addressing school bullying include the "Law on the Prevention of Juvenile Delinquency," the "Law on the Protection of Minors," and the "Regulations on School Protection of Minors," which outline schools’ responsibilities, emphasize guardians’ roles, and prescribe disciplinary measures.

3. Legal Regulation of School Bullying by Young Minors

This section examines China’s current legal framework for preventing and addressing school bullying by young minors and suggests improvements. China lacks a dedicated legal system for such cases, though the minimum criminal responsibility age is 12. Effective regulation remains possible. Proposals include adjusting the criminal responsibility age based on offense severity and adopting a flexible age threshold. Specialized education is crucial but faces challenges like insufficient policy support and inconsistent standards, requiring higher-quality development. Disciplinary measures in schools are discussed, emphasizing the synergy between family and school education in combating bullying. Lastly, improving civil compensation mechanisms is proposed, as substantial damages can deter misconduct and incentivize better supervision by schools and families.

4. Conclusion and Discussion

Recent cases—such as the murder of a 13-year-old by classmates in Feixiang District, Handan, Hebei, and the killing of a young girl by a boy under 12 in Jingzhou, Hubei—have intensified scrutiny of legal responses to severe bullying and crimes by minors. The "Criminal Law Amendment (XI)" states that minors aged 12–14 may face criminal liability for particularly grave offenses if prosecution is approved by the Supreme People’s Procuratorate. These cases reflect public demands for justice and updated laws ensuring accountability for offenders and their guardians. Extreme bullying incidents serve as a wake-up call for campus safety, urging society to implement effective measures and clear legal regulations to safeguard school environments. The legal accountability of young minors affects the cost of juvenile crime; low or no consequences perpetuate injustice and undermine social stability.

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