我國校園霸凌防治法制之研究

論文摘要「校園霸凌」事件一直普遍存在於校園中，但很少獲得重視，除非手段太殘忍，或是民意代表的質詢及傳播媒體的報導，通常不會受到太大的注意，由學校依校規自行處理便可。但隨著社會變遷、少子化趨勢及家長管教功能逐漸弱化，教師在零體罰政策下，管教權利與方式皆受到影響。教育部推行「友善校園學生事務與輔導工作」，提昇人權知能與態度，社會各界也愈來愈重視「校園霸凌」問題，紛紛提出反霸凌作為的見解與作法。本論文分為六章，各章章旨及內容如下：第一章為「緒論」︰說明本文的研究動機、目的、範圍、方法及文獻回顧，已勾勒出論文整體的組織架構。第二章為「校園霸凌之定義與類型」︰將針對國內外學者、美國政府組織及我國教育部對校園霸凌定義及類型作一探討，並收集媒體報導校園霸凌之分類與判別的新聞資料，依教育部霸凌的定義判定是否為校園霸凌事件，進一步了解校園霸凌。第三章為「我國校園霸凌防治法制面之現況」︰探究現行處理校園霸凌事件的法律規定及教育部頒訂的處理園霸凌事件的行政規則，是否已能處理校園霸凌事件，以建構安全、健康及友善的校園。第四章為「我國校園霸凌防治法制面之問題與困境」︰探討防治校園霸凌我國法制面所存在的問題與執行上所遭遇的困境，彰顯出我國防治校園霸凌之機制在制度上仍有不完備之處，甚至在執行上也遭遇到問題與困境。第五章為「美國反霸凌法之內涵與給我國之借鏡」︰他山之石可攻錯，藉由已訂有反霸凌專法的國家---美國，歸納其經驗可供我國做為借鏡之處有法律需針對霸凌行為作出明確定義；霸凌事件之通報；確定教育行政單位的權責；教育人員對反霸凌議題的培訓及研習；反霸凌專業人員及組織的設置；防止報復、恐嚇或污告的保護等六項規定，可以作為我國未來在訂定反霸凌專法時借鏡與參考之處。第六章為「結論與建議」︰本研究建議仿傚美國各州反霸凌法之借境，訂定我國防治校園霸凌問題之專法。本研究將從法制面探討我國校園霸凌防治問題，希望能瞭解校園霸凌問題我國法制面之現況、探討校園霸凌問題我國法制面之問題與困境、探究美國反霸凌措施制度內涵與給我國之借鏡，能提出我國防治校園霸凌問題之改善建議，進而提供建構校園霸凌防治法制之參考。

關鍵字

校園霸凌；霸凌定義；霸凌類型；霸凌防治法制面；美國反霸凌法

並列摘要

“School bullying” events have been widespread on campus, but few people pay attention to these events. Unless the means of bullying are too cruel, or the events are questioned by the representatives of the public and are reported by the mass media, the school bullying events usually wouldn’t be received too much attention, and these events can just be dealt with by schools themselves in accordance with the school rules. However, with the changes of the society, the tendency of the low birth rate, and the gradual weakening power of the parents’ discipline, teachers work under the policy without punishments, and their disciplining rights and manners are both affected. The Ministry of Education implemented “The Friendly Campus Students Affairs and Counseling”, improving human rights knowledge and attitudes. The social communities also paid more attention to the problem of “the school bullying”, addressing their opinions and views on the anti-bullying action and the way of doing it. This paper is divided into six chapters, and each chapter’s gist and contents is as follows: The first chapter is “Introduction”—it’s about the description of this study’s research motives, research objectives, the scope of the research, research approaches, and the review of the works of literature, outlining the overall organization of the paper. The second chapter is “the definition and the types of the school bullying” —it’s the investigation and discussion focusing on the domestic and foreign scholars, the government organization in the United States and the definition and the types of the school bullying defined by the Ministry of Education in Taiwan, collecting information from the media coverage about the classification and the definition of the school bullying, and going further understanding about the school bullying. The third chapter is “the current situation of the aspect of the school bullying preventing law”—it probes into whether the existing legal rules dealing with the incidents of the school bullying and the administrative rules enforced by the Ministry of Education coping with the school bullying events could effectively deal with the school bullying events to establish a safe, healthy, and friendly campus. The fourth chapter is “the problems and the predicament of the aspect of the school bullying preventing law in our country”—it’s about the investigation and the discussion about the existing problems of the school bullying preventing law in our country and the predicament of the law enforcement, showing that the system of the preventing school bullying mechanism is still imperfect and that the enforcement of the law even encounters problems and the predicament, too. The fifth chapter is “the sprit and the contents of the anti-bullying law in the United States and the lessons we take from the law”. The stones of those hills may be used to polish gems. Through the country, the United States, which had already legislated the law of anti-bullying, we can gather and take the experiences of the America and take it as a good lesson for our country. The six regulations—legislating the laws for the precise definition of the bullying behavior, the notification of the bullying incidents, confirming the rights and the responsibilities of the administrative units, the training and learning of those who take education as a job about the issue of the anti-bullying, setting up the professional people and the organization for the anti-bullying, the protection against the retaliation, the threatening, or the false allegation—can be taken as a lesson and a reference for our country legislating the exclusive laws of the anti-bullying in the future. The sixth chapter is “conclusions and recommendations”—this study suggests that we should take the anti-bullying laws in the United States counties as a model, imitating these laws and legislating the exclusive law to prevent and deal with the problem of the school bullying in our country. This research would investigate and discuss about the problem of the school bullying prevention in our country from the aspect of the laws and regulations, hoping that this research can help us understand the problems of the school bullying and the present situation of the aspects of the laws and regulations of the school bullying in our country, investigating and discussing the problem of the school bullying and the problems and the predicament of the aspect of the school bullying preventing law in our country, probing into the spirit and contents of the anti-bullying law in the United States and the lessons we take from it for our country. The research enabling us to bring up the suggestion for the improvement of the problems of preventing school bullying in our country, and the research can also go further serving as a reference for the legislation of the school bullying preventing law.