How civil judgments should focus on mental harm in school bullying cases

According to Article 130 of Law of the People's Republic of China on the Protection of Minors (2024 Amendment), school bullying refers to behaviors between students in which one party deliberately or maliciously bullies or insults the other through physical, verbal, cyber, and other methods, causing personal injury, property loss, or mental distress to the targeted party. Based on its form and underlying motivations, school bullying can be categorized into direct bullying and indirect bullying. Direct bullying involves relatively overt attacks that can cause immediate physical or emotional harm to the victim or their property. Common forms include physical bullying (such as hitting, kicking, and pushing) and verbal bullying or harassment (such as name-calling, mocking, threatening, or malicious teasing) (Dupper, 2013). Indirect bullying, also known as relational bullying, is characterized by social exclusion and peer isolation, and includes behaviors such as spreading rumors, manipulating friendships, and deliberately ostracizing others (Shen and Jia, 2017).Whether direct or indirect, school bullying constitutes a form of exploitation (Suski, 2016). Unlike general injurious behaviors among students, the bullying degrades the self-esteem and confidence of the bullied, placing the victim at risk of suffering from severe mental health issues and psychological disorders that are difficult to recover from. Victims of bullying show similar physical and mental symptoms to that of abused children, including sleeping disorder, enuresis, abdominal pain, anxiety, loneliness, and high level of fear for personal safety. Also, they are prone to low self-esteem, depression, and suicidal ideation (Roland, 2002). Low school attendance and high drop-out rates caused by these mental disorders deprive victims of bullying of the right to education. In 2020, the Work Program to Explore Specialized Services for the Prevention and Treatment of Depression listed adolescents as a key care group, and, in 2023, the Special Action Plan for Comprehensively Strengthening and Improving Students' Mental Health Work in the New Era (2023-2025) outlined eight key tasks to safeguard the mental health of adolescents. These measures reflect the increasingly high attention that adolescents' mental health is receiving from the Chinese government. Bullying also violates the rights of personality of the victim. Health is the foundation for the realization of all rights, and the mental harm suffered by victims of bullying undoubtedly damages this foundation. Given the special vulnerability of children and adolescents during their formative years, their mental health requires even more care and attention (Wu, 2013). Therefore, in the context of efforts to address school bullying, it is necessary to place greater emphasis on the mental harm suffered by adolescents and the relevant remedies.Civil litigation is an important means for victims of bullying to seek redress. In school bullying civil cases in China, cases involving mental harm account for as high as 74.4%, while cases involving infringements on general personality rights, reputation rights, and privacy rights make up 77% (Chen, 2023).The torts nature of school bullying and the private prosecution nature of civil cases provide a relatively easy path for victims to seek legal remedy (Yang and Tao, 2013). Under China's civil law system, when an act of bullying causes harm to the victim, the victim may initiate a tort action to hold the bully and-where fault exists-the school jointly liable for civil damages. If the bully is a person with no capacity for civil conduct (under the age of 8 years) or with limited capacity for civil conduct (between the ages of 8 and 18 years), the guardian shall bear the liability for compensation. Such liability for compensation includes tort damages arising from physical or mental harm suffered by the victim of bullying (primarily personal injury compensation, such as disability subsidies and medical expenses) as well as compensation for mental distress. Among these, compensation for psychological damage, in the form of monetary compensation, serves to both compensate and provide solace (Shi, 2019), making it an important means of addressing the mental harm suffered by victims of bullying. The remedy of compensation for mental harm epitomizes the legal safeguarding of adolescents' mental wellbeing and, to a certain extent, facilitates the restoration of their personal dignity. Therefore, when hearing bullying cases and adjudicating claims for compensation for mental harm, judges' attention to the mental harm experienced by the victim of bullying will directly affect the legal remedies determined and the damages awarded.It is important to note that the severity of mental harm caused by school bullying can be broadly categorized into three levels, from mild to severe, in the following order: emotional effects or emotional distress (e.g., feelings of discomfort or unhappiness); psychological harm (e.g., symptoms of depression, anxiety, or panic); and diagnosable psychopathology (e.g., clinically recognized conditions such as major depressive disorder or schizophrenia). Although the U.S. Centers for Disease Control and Prevention (CDCP) have identified school bullying as a major public health concern, not all victims exhibit severe psychological damage, and not all degrees of such damage reach the threshold for initiating civil litigation. Accordingly, the term "mental harm" or "psychological damage" as used in this article refers specifically to actionable forms of mental impairment, namely, psychological harm and diagnosable psychopathology.Before discussing the compensation of mental damage, it is necessary to understand the level of importance that victims and judges place on mental harm.Owing to the influence of their traditional culture, Chinese adolescents tend to be highly concerned about their personal image and reputation from a very young age. The sense of shame engrained in Chinese culture and Confucianism's emphasis on "face" (Zhai, 2016) makes teenagers acutely focused on factors such as their image among their peers, their identity, honor, and the opinions of others (Yang and Yu, 2008). Given this, a single public humiliation is enough to cause the victim to lose face and confidence in his or her peer environment. When bullying occurs, the meticulously constructed personal image of children is undermined, prompting victims to employ various strategies to restore their social standing among peers in an effort to reclaim lost face. Consequently, this pursuit often exacerbates their psychological distress.The coercive deprivation of personal liberty and humiliating infringement upon human dignity inherent in bullying behavior can catastrophically undermine adolescents' self-identity and intrinsic self-worth, precipitating the progressive disintegration of their psychological defense mechanisms. Schools are miniature societies in which students are in contact with the same group of people every day for most of the year-a world of their own from which adults are excluded (Yu and Liang, 2024). In this setting, they are more concerned about the evaluations of their peers and personal reputations; they avoid being belittled and insulted, and go to great lengths to maintain their status among their peers. Accordingly, they are highly sensitive to psychological harm and insults to their dignity, and are more in need of comfort at the spiritual or psychological levels.Existing literature suggests that current judicial practice in China places relatively limited emphasis on mental harm claims, with the awarded amounts of compensation for mental harm remaining low. One researcher analyzed 151 civil cases involving school bullying and found that only 25 of them included awards to remedy emotional harm (Song, 2025). Another study examined 216 civil and administrative cases and concluded that both the rate of judicial support for mental harm compensation and the amount awarded remain insufficient and require improvement (Dou, 2025). From an empirical perspective, in a previous study, the author conducted descriptive statistical and regression analyses on a sample of 136 civil cases related to school bullying on China Judgements Online, to analyze physical and mental harm, total compensation, and mental harm compensation. The results show that the victims demanded higher compensation for mental harm, but received less than the amount claimed. The total compensation has a positive correlation with the severity of physical damage, but is less correlated with mental harm; The amount of compensation for mental harm is significantly higher when the psychological harm is severe (Chen, 2024). Furthermore, many cases in the sample exhibit a clear inconsistency between the amount of compensation awarded for mental harm and the actual severity of the mental harm. For example, RMB 3,000 was awarded in cases involving post-traumatic stress disorder (PTSD) (Civil Judgment No. 42266) or schizophrenia (Civil Judgment No. 4608), while the compensation amounts for psychological headaches (Civil Judgment No. 2641) and fear or anxiety (Civil Judgment No. 71079) were nearly identical, 4,000 yuan and 5,000 yuan respectively.The above findings indicate that in school bullying cases, judges tend to place insufficient emphasis on mental harm relative to physical injury, and they may even exhibit cognitive bias in their assessment.Historically, based on their traditional judicial trial experience, judges have handled cases of school bullying as if they were ordinary school injury cases (Chen, 2020), e.g., by conducting judicial appraisals of physical and mental harm and determining the amount of compensation in accordance with the Standard for Compensation for Personal Injuries. However, this criterion predominantly focuses on organic impairments, demonstrating a mere 12% recognition rate for psychiatric injuries such as PTSD and adjustment disorders. In adjudicating compensation for mental harm, judges predominantly premise their determinations on the diagnosed presence of mental disorders in the victim of bullying. As a result, judges recognize perceivable, tangible physical bullying and threats more while significantly overlooking the mental harm caused by verbal bullying, coercion, and hurtful teasing of the victim. Some bullying behaviors-viewed as "just a harmless joke" in the eyes of some adults-can leave an indelible mark on the victim's psyche, yet have not received enough attention from judges.At the same time, the judicial practice of measuring the severity of damage based on the level of disability also allows judges to neglect mental disorders and psychological crises that are not formally covered by clinical medicine. Strict adherence to evaluation results means that some cases that may seem very serious even from a psychologist's perspective may not necessarily be recognized in the ruling. For instance, some victims of bullying who are diagnosed with depressive tendencies or depression may be unable to obtain compensation for mental harm, or receive only minimal amounts, in judicial rulings owing to failure to meet the criteria for psychological injury in forensic evaluations.According to statistical data from the China Judicial Big Data Research Institute in 2022, the consequences of school bullying, such as depression and anxiety, are mostly categorized as "minor mental harm," with compensation amounts generally being less than 5,000 yuan.However, the damage that the law aims to remedy should not be restricted only to severe mental illnesses. Victims of bullying who have not suffered this threshold level of mental harm still suffer meaningful psychological and emotional harm, which should not be disregarded as insignificant or nonexistent. In particular, among adolescents undergoing physical and psychological development, even low-severity mental injury can result in prolonged distress and sleep disorders. Scientific research indicates that mental harm not only directly threatens the mental health of victims of bullying, but also causes them to miss classes or suspend their studies owing to issues such as emotional distress, anxiety, depression, and fear (Nishina et al., 2005). However, these psychological and emotional issues have not received adequate attention from adjudicators.Certainly, the challenges faced by judges in the impartial assessment of mental harm are, to some extent, attributable to China's judicial adjudication system and the knowledge base of judges. In China, whether in criminal or civil cases, judges exercise considerable restraint when determining the amount of compensation for mental damages, with high-value awards being exceptionally rare. Compensation amounts that may reach of in such as or the are in Chinese judicial judges limited of and in this is by the Chinese children place emphasis on their social image among peers, them to psychological distress when to bullying. exhibit a for social support and recognition of their emotional However, judicial in China have insufficient attention to claims for psychological damage compensation, with of mental harm. safeguard adolescents' rights and their development, it is for judges to their in civil cases are and the personal of judges may be with factors such as their and to influence judicial Although to be as an and the presence of both and should be in judicial need not necessarily be in to can also a positive in the to When discussing if are to personal and the of from perspective and this is an emotional to the feelings of it is the to in and understand their and In the context of judicial is emotional that and the sense of of a and are important of an Accordingly, for judges in school bullying cases will judges make and based on the of to the of a victim of bullying to compensate for the of from an Some that adults may can be important from a For instance, in a deliberately or of their the bullying from the victim's perspective the to form a of the and feelings at to obtain the Furthermore, in also to understand the and of the victim of bullying, the attention to mental harm. The of in is more of an and form of one that involves in in school bullying cases serves as a to the current of judicial judges to account of the and of to judicial In China's judicial compensation for mental harm is an judges relatively is this that to the compensation amounts remain similar in the severity of mental harm. judicial requires not only legal but also emotional such as and which may to and action in pursuit of and 2024). is sense of is a form of may not in but in emotional as civil judges may who their and criminal judges may who judges school bullying cases may both and in to bullying judges to and their own capacity for may them reflect on their underlying In they can a more perspective in the of bullying and such may be into is that an emphasis on in adjudication may be by the of In China, the at the level is one of the key factors to the of judicial (e.g., judges at the People's in cases on Such makes it difficult for judges to to the psychological and emotional claims of Under the of from and the law as the judges are generally to and legal Therefore, if is to as a it is necessary to and judges' capacity for and their sense of in the context of school bullying cases, knowledge of school system can judges understand the of school and the of while in can their of adolescents' mental and psychological more assessment of degrees of mental harm may affect to China's school bullying is a of personality physical bullying such as harm and harassment upon personality rights, including the right to and bullying involving as verbal bullying, indirect bullying, and public physical the victim's rights to reputation and as well as the general personality right related to human dignity. of cases of school bullying that a key of such behavior is humiliation and not necessarily to damage the victim's reputation or but for from the victim's fear and distress. Therefore, in of the of rights school bullying predominantly constitutes an infringement on an personal dignity refers to a civil of their personality and legal including the right to be from harm, and Given the of children and adolescents in their their psychological and emotional requires greater care and The children and adolescents place importance on personal Chinese culture often refers to as "face" the law to the dignity of China's and both personal while the on the Protection of also the of personal dignity of Therefore, in civil adjudication school bullying, greater emphasis should be on safeguarding and remedies for the personal dignity of than and the harm of bullying from the perspective of rights to health and victims of bullying seek remedies for of their personal dignity in by and the they of and compensation. the bullying may have caused psychological harm or even mental they require for or medical In other victims exhibit both for psychological or psychiatric and Consequently, remedies for infringements of their personality rights both and for mental harm serves as both remedy for victims and for of compensation and Although directly mental harm, it can the victim emotional and psychological through the of or can also a by the of psychological or for mental harm, the on victims and their arising from and mental health The of is by the victim's sense of When the victim is that the has to a their is and their for may be 2013). Therefore, through compensation for mental harm, victims may a sense of being and their rights being which their emotional into account the claims for personality rights remedies and the of and compensation in mental harm the system of mental harm compensation should be in the following on the practice of mental harm to disability should be The assessment of constitutes a key in adjudicating mental in school bullying in the mental harm caused by certain humiliating behaviors often judicial For instance, such as victims to while of rights, health rights, and general personality rights, may not be for clinically damage from a perspective, such compensation as they of human dignity. Furthermore, and adults and the of mental harm. behaviors by adults may to children and adolescents. the damage caused by and conduct judicial Therefore, of the severity of mental harm should on the results of empirical from the of and the harm caused by bullying. The assessment of mental harm severity may from an to a evaluation nature of the including factors such as bullying methods, bullying on which bullying and severity of The of mental harm not that the victim has suffered the mere that have to or that humiliating have to a of the victim's personal dignity. the same time, the correlation between the damage and factors such as and the the and the of influence shall all be Under similar the mental harm suffered by victims of bullying to be greater than that of and a of suffering than these factors should be the assessment of severity should of prolonged and the amount of compensation for mental harm in cases of school bullying should be to remedy the spiritual harm to the victim. the of psychological and should be recognized as the of compensation for mental harm. The practice of the of psychological and as for compensation is with current legal and with the on the of Law in the of of and the Article of this that for the psychological and of the of that shall be The need for psychological and from severe psychological harm or mental caused by a act constitutes an important in and in determining compensation for mental harm the of compensation for psychological and should be Such the necessary to remedy psychological harm and restore the victim's mental Given the nature of the psychological and emotional caused by school bullying, as well as the nature of and of psychological harm or mental when the medical and mental harm assessment are to the judges should based on the of the and and should not be by whether such or to be certain to a clear and should be between psychological and to the in an from a of mental to a of on the with the from a or mental to mental The mental refers to a that between mental health and diagnosable mental is also to as "mental et al., If not in a such a may into a serious mental disorder et al., 2024). For example, victims of school bullying may serious mental disorders such as schizophrenia or PTSD following the bullying In such cases, the with medical and clinical the of psychological the mental disorder is through the victim may still exhibit of mental such as social anxiety, or In such the victim also requires psychological as and other restore their mental The for these the of psychological should not claims for related to as psychological or emotional support the that they not medical the of such should be in of their as psychological Judicial practice should victims of bullying to seek psychological and conduct a assessment of both and the psychological or mental harm caused by bullying may not reach a severity that requires psychological are often Although the mental harm of to a amount of compensation for mental harm, the of psychological may still be relatively requires the to the actual of psychological and when determining an in the compensation amount for mental the compensation amounts for mental will also the that "mental harm is as severe as physical the for of bullying, and the and of the to and social mental harm has not recognized or in Chinese Under traditional health is often with the of physical while mental are as of or culture the of and a to emotional restraint and the of personal When psychological and tend to emotional the of the greater often mental health issues as a to the For example, depression is often by as a of than as a medical the of the the amount of compensation for mental harm can with mental may also Chinese to more recognize the of adolescents' mental health and emotional to the of the mental is in legal and liability the of mental harm from school bullying has legal recognition and tort and judicial have various to compensate victims and hold For instance, In the the of care by it to that of a In the the school liable for psychiatric injury by a to bullying, the failure to and bullying The that while a is not greater than a it is a high the vulnerability of In New while the Compensation most physical injury claims, mental injury not caused by physical harm actionable general and damages may be awarded in cases of for recognize both physical and mental injuries as and have liability on for to in bullying, to serious mental damages. In the and civil liability for bullying often tort and exhibit to known 2002). U.S. have also to severe bullying as an its on mental health and to 2013). These reflect a on the of mental damage in school bullying cases and the of For China, public of psychological harm and the compensation amounts for mental damages in judicial rulings with of school bullying cases in the that victims suffer degrees of personal and even which are difficult to recover from. these need for from mental harm, judges often have a of such harm. the level of to victims of bullying, it is that judges cases of bullying with and to their of the mental harm such as the factors in the of bullying and they can form a of the severity of personal and mental harm to the victim for an assessment of the amount of compensation for mental distress to be

Harm · Applied Psychology · Bullying, Victimization, and Aggression · Child and Adolescent Psychosocial and Emotional Development · Computer Science · Education Discipline and Inequality · Engineering · Psychology · Social Psychology

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