[Direct answer]In the Beijing area, the compensation for injuries caused by school bullying is mainly borne by the guardians of the students who committed the bullying — according to Article 1188 of the Civil Code of the People's Republic of China, if a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability; if the school fails to fulfill its duties of education and management, it shall bear corresponding liability or supplementary liability in accordance with Articles 1200 and 1201. The scope of compensation is determined in accordance with Article 1179, including medical expenses, nursing fees, and nutrition fees. For those who suffer from disability, the compensation for disability shall be included. Those who suffer from serious mental harm may claim compensation for mental distress in accordance with Article 1183. Article 39 of the Law on the Protection of Minors requires schools to establish a system for preventing and stopping student bullying. It is recommended to report the case to the school immediately and call the police if necessary, fix photos of the injuries and chat records, seek medical evaluation in time, and file a claim for compensation within three years in accordance with the law. For reference only.Legal services for personal injury and medical disputes.

I. Problem Background and Typical Scenarios

School bullying is different from occasional playful teasing. It is characterized by recurrence, power imbalance, and covertness. Common forms include physical assault, verbal abuse, social isolation, and cyberbullying. Parents often detect clues from their children's injuries, emotional abnormalities, or refusal to attend school, while schools, under management pressure, often dismiss bullying as "playful teasing among classmates", missing the opportunity for intervention and evidence collection. Bullying not only causes physical harm but also psychological trauma that requires treatment and compensation. Many cases also lead to derivative losses such as transferring to another school or suspending studies. For cases involving family guardianship and children's rights arrangements, relevant legal provisions should be consulted.Divorce litigation and family dispute servicesConsider it comprehensively.

II. Key points of contention

The controversy focuses on four points. Firstly, the distinction between bullying and ordinary playfulness: persistence, intentionality, and power imbalance are the key factors identified by the court, which directly affect the nature of responsibility. Secondly, the subject of responsibility: the guardians of the perpetrators are held liable according to Article 1188 of the Civil Code, and schools that fail to fulfill their duties in bullying prevention and education management are apportioned responsibility proportionally. Online bullying may also involve platform responsibilities. Thirdly, compensation for mental distress: for psychological trauma such as anxiety and depression caused by repeated bullying, it is easier to obtain support for consolation money based on medical records. Fourthly, accountability for serious cases: those who cause serious injuries through assault can be dealt with according to the Public Security Administration Punishment Law of the People's Republic of China, and those suspected of committing crimes will be prosecuted for criminal responsibility according to law. Beijing courts usually impose heavier liability on schools in cases where they fail to handle the situation properly.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling campus bullying personal injury cases, the outcome of such cases depends on the completeness of the evidence chain: injury photos and medical records prove the damage, chat records, audio recordings, and social platform content prove the continuity and intentionality of the bullying, and student testimonies reinforce the process. Psychological treatment records support claims for mental damage. In practice, the most common mistakes are parents only negotiating with the other parents verbally, not reporting to the police or leaving evidence, and the other party denying everything afterwards; or schools organizing "mediation" and allowing the child to continue attending the same class as the bully, which exacerbates the damage. Henglue Lawyers usually adopt a two-track strategy: suing the perpetrator's guardian in civil court and claiming responsibility from the school together; promoting the school to initiate bullying identification and handling procedures, and reporting to the education department when necessary, while preserving evidence to prevent tampering. For evidence preservation involving online bullying, it can be followed up accordingly.Business and contract dispute services for enterprisesEvaluate the platform's assistance path for investigations.

IV. Practical suggestions and legal basis

The legal basis mainly includes Article 1188 (Liability of Guardians), Article 1200, and Article 1201 (Liability of Educational Institutions and Supplementary Liability) of the Civil Code of the People's Republic of China (effective as of January 1, 2021); Article 1179 (Scope of Compensation), Article 1183 (Compensation for Mental Damage), and Article 188 (Three-Year Statute of Limitations); Article 39 of the Law of the People's Republic of China on the Protection of Minors (amended on October 17, 2020 and effective as of June 1, 2021) regarding the prevention and control system for student bullying; more serious cases will be handled in accordance with the Public Security Administration Punishment Law of the People's Republic of China, and those suspected of committing crimes will be transferred to judicial authorities. Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings. Practical suggestions: immediately report to the school and call the police according to the injury situation; take photos to record the injury marks, damaged clothing, and the scene; preserve chat records and online content; seek medical treatment promptly and keep psychological therapy records; obtain an appraisal after the treatment of the injury is completed; the claimants include the guardians of the perpetrators and the school. For difficulties in enforcement, assistance can be sought from relevant authorities.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

When dealing with school bullying, it is important to both calculate the compensation and prevent further harm in a timely manner: Report any signs to the school in writing as soon as possible, request the initiation of a bullying identification process, and consider transferring to another class or school if necessary to avoid secondary harm. The treatment records of psychological trauma are not only necessary for recovery but also serve as evidence for claims, so regular medical visits should be maintained. Timely notarize or screenshot abusive content on the internet to prevent the other party from deleting the posts and leaving no evidence. Never resort to violence to counter violence or teach children to "fight back," to avoid turning oneself from a victim into a perpetrator. If unsure about the best approach, seek professional advice through legal channels.Special services and other case-related servicesFor consultation and assessment, please note the three-year statute of limitations for litigation.

VI. Frequently Asked Questions

Q1: If a child is bullied and injured by a classmate, can they receive compensation if they file a lawsuit?

According to the law, the amount of compensation depends on the evidence and the severity of the injury. Students who engage in bullying are either incapacitated or have limited civil capacity, and their guardians shall bear tort liability in accordance with Article 1188 of the Civil Code. If the school fails to establish a bullying prevention system, fails to stop the bullying in time, or handles the situation inadequately, it shall bear corresponding liability in accordance with Articles 1200 and 1201. Compensation includes medical expenses, nursing care expenses, nutrition expenses, and transportation expenses. For cases involving disability, compensation for disability shall be provided. For cases involving serious mental harm, consolation money may be claimed separately. In cases of repeated bullying supported by chat records and medical records, the scope of compensation is usually more comprehensive; however, accusations based solely on oral statements are difficult to obtain support for.

Q2: What evidence do I need to prepare for a claim of school bullying?

The core evidence includes: photos of injuries and medical records, medical bills and psychological therapy receipts, chat records and social media content related to bullying (screen captures should be preserved in a timely manner and notarized if necessary), witness statements from classmates, written records of reports to the school and the school's handling of the case, police reports and materials related to public security cases. For cases involving disabilities or psychological trauma, a judicial appraisal opinion is also required. The evidence should be organized around the following three aspects: "continuous bullying behavior - harmful consequences - inappropriate handling by the school". If the school refuses to provide surveillance footage and investigation materials, the plaintiff can apply to the court to obtain them after filing a lawsuit. Online evidence is easily deleted, so it is crucial to fix it as soon as possible after discovery.

Q3: How much does it cost to file a lawsuit against school bullying?

The litigation fees are paid in accordance with the "Measures for the Payment of Litigation Costs" (effective from April 1, 2007), which are accumulated and paid in stages based on the amount of the claim. The plaintiff pays the fees in advance, and the losing party bears the fees according to the proportion of the successful litigation. For a case involving a claim of 100,000 yuan, the litigation fees are approximately 2,000 yuan. The compensation for mental distress is calculated separately according to the standard. There is no standard pricing for attorney's fees, which are usually charged on a per-case basis or as a percentage of the total amount of the claim, subject to the terms of the contract. The fees for disability appraisal are generally borne by the losing party. If the school has purchased relevant liability insurance, some compensation may be paid through insurance channels. It is recommended to first assess the liability ratio and total losses, then decide on the scope of the claim and the choice of procedures to control costs.

Q4: How long will it take to reach a conclusion in the school bullying case?

The first-instance trial under the simplified procedure shall be concluded within three months, and the ordinary procedure shall generally be concluded within six months; for cases involving disability or psychological damage appraisal, the appraisal period is about 30 to 60 days, and the case will be extended accordingly; for cases constituting public security or criminal cases, civil compensation can be adjudicated after the results of the criminal case are determined, with a longer period. From the filing of the lawsuit to the actual receipt of compensation, simple cases take about half a year, and complex cases may take more than a year. If the other party refuses to perform after the judgment takes effect, it is necessary to apply for compulsory enforcement. It is recommended to keep all expense receipts while the proceedings are progressing, and if necessary, apply for advance enforcement of medical expenses to alleviate the pressure of treatment advance payment.

Q5: If a child is bullied, what should parents do first?

It is recommended to proceed in five steps: First, comfort the child and immediately check the injury, and seek medical treatment to keep the medical records and bills; Second, report to the school in writing and request the initiation of student bullying identification and handling, and keep the communication records; Third, fix the evidence - take photos of the injury, save the screenshots of the chat records, contact the classmates who were present, and report the more serious injuries to the police for handling; Fourth, pay attention to the child's psychological state, conduct standardized psychological counseling or treatment, and keep the records; Fifth, negotiate compensation with the guardians of the perpetrators and the school, covering medical expenses, psychological treatment fees, and subsequent losses. If no agreement can be reached, file a lawsuit within three years. Throughout the process, avoid escalating private conflicts, and it is recommended to entrust a lawyer to coordinate the claims for major injuries.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.