A Study on Mental Damage Compensation in School Bullying Cases in China (74899)

Session Information:

Wednesday, 22 November 2023 15:45
Session: Poster
Room: Orion Hall
Presentation Type: Poster Presentation

All presentation times are UTC + 9 (Asia/Tokyo)

To investigate whether the victims’ compensation claims for mental damage can be met in judicial verdicts, the research looked into 136 civil cases of school bullying on China Judgements Online, taking them as samples to conduct descriptive statistics and regression analysis on physical and mental damage, total compensation and mental damage compensation. The results show that the bullied demand higher compensation for mental damage but receive less than what they claimed; the total compensation has a positive correlation with the severity of physical damage but is less subject to that of mental damage; the mental damage compensation amount increases as the severity of mental damage goes up while the increase is not significant until the severity reaches the level of serious. These indicate that the judges pay more attention and relate more to physical injury while having bias and insufficient emphasis on mental damage, causing a lower compensation amount for mental damage. When dealing with bullying cases, the judge shall understand the situation of victims with empathy, enhance awareness of mental and psychological issues, take multiple factors into consideration in the verdict on mental compensation, decide upon the compensation amount based on the severity of mental damage, and increase the amount of mental damage compensation appropriately, as a remedy to comfort the bullied.

Authors:
Xuanyu Chen, Beijing Normal University, China
Feng Han, Tsinghua University, China


About the Presenter(s)
Dr Xuanyu Chen is a University Assistant Professor/Lecturer at Beijing Normal University in China

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Posted by Clive Staples Lewis

Last updated: 2023-02-23 23:45:00