校园欺凌是世界各国普遍存在的问题。近些年来，校园欺凌因其危害严重、事件频发受到我国社会和政府的广泛关注，并引发学界的热烈讨论。域外国家的治理经验表明，通过法律规制校园欺凌是势在必行且卓有成效的治理方式。未成年人拥有着无限可能性，在法治中国建设的大背景下，完善校园欺凌法律规制体系以防治校园欺凌行为，既是对未成年人现在与未来的守护，也是依法治国的题中之义。
本文以我国校园欺凌的法律规制为研究对象，包括绪论、一至五章和结语。文章主要采用规范研究和实证研究的混合研究方法，考察校园欺凌行为本身和法律规制现状，并据此提出我国校园欺凌法律规制的完善路径。研究表明，校园欺凌成因复杂且危害严重，当前我国校园欺凌法律规制存在专项法律缺位、综合性法律规制力度不足的缺陷，并集中表现为校园欺凌的教育与惩罚力度不足，和救济补偿不充分，法律规制现状折射出“教育为主、惩罚为辅”的传统理念并不适应校园欺凌的防治需要。故此，本文认为，我国应重塑“教育与惩罚并重，兼顾救济与修复”的法律规制理念，并在此基础上完善防治校园欺凌的专项法律规范和综合性法律规制路径。
第一章是对校园欺凌行为的阐释。校园欺凌是指在中小学学校及其辐射区域内的侵害一方故意地对力量薄弱的另一方实施侵犯攻击行为，造成另一方身体伤害、财产损失、精神损害，或者严重扰乱学校环境的失范行为。具有道德不良行为和违法犯罪行为的双重性质。社会与家庭环境、个体特征与人际关系等因素是校园欺凌产生的诱发条件。校园欺凌损害学生的身心健康和未来发展，法律规制校园欺凌是保护学生权利和回应民众正义诉求的必然选择。
第二章是对我国校园欺凌法律规制现状的考察。规范研究和实证研究表明，我国校园欺凌专项法律的缺位导致以学校为主的一般性欺凌防治“无法可依”；用以辅助一般性欺凌防治和承接处理“违法犯罪类”校园欺凌的综合性法律规定和实践也存在缺陷。总体上，法律对校园欺凌的救济与补偿不充分，教育与惩罚力度不足。
第三章是对我国校园欺凌法律规制理念的探讨。经由第二章的法律规制缺陷可以反映出当前的“教育为主、惩罚为辅”理念存在偏差，应当予以修正。基于校园欺凌特征和我国的欺凌规制现状，参考域外国家的“零容忍”和“修复性”理念及其蕴含的法哲学原理，本文认为，“教育与惩罚并重，兼顾救济与修复”的理念更适切于我国的校园欺凌法律规制。
第四章是对我国校园欺凌专项法律规范的完善。专项法规是针对校园欺凌一般性、程序性防治策略的规定。为了缓解当前校园欺凌专项法律缺位，以及因其缺位导致的以学校为主体的一般性防治“无法可依”困境，现阶段我国可以设立以国务院法规为主体的专项法律层级，并且在专项法规的要素中涵盖“法规目的”、“欺凌认定”、“各主体角色”等目的概念类事项，和“教育、惩罚、救济、修复”理念主导下的防治策略类事项。
第五章是对校园欺凌综合性法律规制路径的完善。综合性法律既能为专项法规中部分防治策略的实施提供法律依据，又能承接处理“违法犯罪类”的校园欺凌，还能影响家庭等诱发因素，作用重大。基于“教育与惩罚并重、兼顾救济与修复”的理念，应当从“惩教”、“救济”、“修复”三个方面完善综合性法律规制路径。第一，在校园欺凌定罪审慎的前提下，“惩教”应发挥治安管理处罚和专门学校的作用、运用好教育惩戒权、强化家长管教职责，以实现教育与惩罚并重的双重功能。第二，在欺凌案件的“救济”中应通过强调法官同理心、提高精神损害赔偿、适用人格权请求权的方式来提升救济水平，通过明确学校的侵权责任标准强化实时的救济。第三，修复性理念在国际上方兴未艾且确有独到之处，可以通过探索校园欺凌案件中的修复性司法实践，来实现“修复”这一理想目标。

As a world problem, school bullying has attracted the attention of our society and government in recent years because of its serious harm and frequent incidents, and it has also given rise to heated discussion in academic circles. The governance experience of foreign countries shows that it is imperative and effective to regulate school bullying by law. Juveniles have unlimited possibilities. Under the background of the rule of law in China, improving the legal regulation system of school bullying to prevent school bullying is not only the protection of juveniles now and in the future, but also the meaning of law-based governance. 
This paper takes the legal regulation of school bullying as the research object, including introduction, one to five chapters, and conclusion. This paper mainly adopts the mixed methods research of normative analysis and empirical analysis to investigates the ontological problems of school bullying and the Legal Regulation of school bullying in China. Based on this, the paper puts forward the improvement path of the legal regulation of school bullying in China. Research shows that the causes of school bullying are complex, and the harm is serious. At present, there are some defects in the legal regulation of school bullying in China, such as the absence of special laws and the lack of comprehensive laws. It is mainly manifested in insufficient education and punishment and inadequate relief and compensation for school bullying. The current situation of legal regulation reflects that the traditional idea of “education first, punishment second” does not meet the needs of school bullying prevention. Therefore, this paper holds that China should reshape the legal regulation idea of “paying equal attention to education and punishment, giving consideration to relief and repair,” and on this basis, improve the school bullying’s special legal norms and comprehensive legal regulation path to prevent and control school bullying.
The first chapter is the interpretation of the ontology of school bullying. School bullying refers to the anomie behavior that one of the aggressors in the primary and secondary schools and their radiation areas intentionally invades the other with weak strength, causing physical injury, property loss, mental damage to the other, or seriously disturbing the school environment. It has the dual nature of moral misconduct and illegal behavior. Social and family environment, individual characteristics, and interpersonal relationships are the inducing factors of school bullying. School bullying damages students’ physical and mental health, hinders future development. Legal regulation of school bullying is an inevitable choice to protect students’ rights and respond to the demands of public justice.
The second chapter is the observation of the current situation of the legal regulation of school bullying in China. Literature research and empirical analysis show that the lack of special laws for general procedural prevention causes the school prevention and control “lawless”; The comprehensive legal provisions or implementation to assist the general prevention and undertake “judicial” school bullying are not perfect. Altogether, the compensation and relief of school bullying is inadequate, and the education and punishment are insufficient.
The third chapter is to discuss the legal regulation idea of school bullying in China. The defects of legal regulation in the second chapter can reflect the deviation of the current idea of “education first, punishment second,” which should be corrected. Based on the ontological characteristics of bullying and China’s current situation, refers to the idea of “zero tolerance” and “restorative” of foreign countries and their legal philosophy, this paper argues that the idea of “paying equal attention to education and punishment, giving consideration to relief and repair” is more suitable for the legal regulation of school bullying in China.
The fourth chapter is the improvement of the special legal norms of school bullying in China. The special laws are aimed at the general and procedural prevention of school bullying. In order to alleviate the lack of the current special law on school bullying and the dilemma of “lawless” for the general prevention and control of school bullying, China should set up a special legal level with the State Council regulations as the main body. Among them, the elements of special laws and regulations include “bullying identification,” “main role,” and other purpose concept matters, and daily prevention and control of school affairs under the guidance of “education, punishment, relief, and repair.”
The fifth chapter is the improvement of a comprehensive legal regulation path for school bullying. Comprehensive laws can not only provide a legal basis for the implementation of some prevention and control strategies in special regulations but also can undertake to deal with “judicial” bullying cases, and it can also affect family and other inducing factors. The role of comprehensive laws is enormous. Based on the idea of “equal emphasis on education and punishment, considering relief and repair,” we should improve the comprehensive legal regulation path from three aspects of “punishment,” “relief,” and “restoration.” First, under the premise of cautious conviction of school bullying, “punishment” should play the role of public security management punishment and specialized schools, make good use of the Educational Disciplinary Power, and strengthen the responsibility of parents’ discipline, so as to realize the dual functions of education and punishment. Second, we should enhance and improve the level of relief by emphasizing the empathy of judges, improving the compensation for mental damage, try to make use of the right of personality claim. We can also strengthen the real-time relief by clarifying the tort liability standard of schools. Third, the idea of restorative justice is in the ascendant in the world, and it has its unique features. The ideal goal of “restoration” can be achieved by exploring the restorative practice in school bullying cases.