智通财经记者 | 蔡星卓 智通财经编辑 | 刘海川 2026年1月1日，新修订的《中华人民共和国治安管理处罚法》（以下简称"新法"）开始实施。据央视网，新法首次将校园欺凌纳入治安管理处罚 范畴，并明确欺凌行为界定、加大惩戒力度、压实学校责任。 新法明确校园欺凌违法属性，但仍存在执法难点 从法律角度来说，"校园欺凌"的概念是什么？北京浩天律师事务所合伙人、最高人民检察院矛盾化解工作专家库专家刘凌律师告诉智通财经，"校 园欺凌"指在校园或延伸场景（如网络、上下学途中）里，一名或多名学生利用权力不对等（如体力、社交地位、人数优势），对特定学生实施具 有恶意伤害意图的行为，造成受害者身心伤害或环境压迫。 《未成年人保护法》第39条曾提及学生欺凌相关内容。不过，刘凌解释，《未成年人保护法》属于综合性保护立法，缺乏直接、具体的行政处罚 手段。而《治安管理处罚法》则属于行政法，直接赋予公安机关对违法行为的行政处罚权（如警告、罚款、拘留等）。"新法不仅在条件上放宽和 明确了行政拘留的适用，在年龄上也放宽了执行行政拘留的条件。将校园欺凌中符合治安违法标准的行为（如殴打、侮辱、威胁等）明确纳入处 罚范围，意味着欺凌者可能直接面临 ...

Core Viewpoint - The case highlights the urgent need for enhanced online protection for minors, emphasizing the responsibility of internet platforms to prevent and address online bullying and harmful content targeting minors [1][6][11]. Group 1: Incident Overview - A high school student, Xiaohua, became a victim of online bullying when a classmate, Xiaoli, created and shared a derogatory video featuring Xiaohua's image and personal information on a social media app [2][4]. - The video quickly gained significant attention, accumulating over 35,000 views within a day, leading to severe emotional distress for Xiaohua [5][7]. Group 2: Legal Proceedings - Xiaohua's father filed a lawsuit against the app's operator, arguing that the platform failed to fulfill its duty to monitor and remove harmful content promptly [5][6]. - The Beijing Internet Court ruled that the platform had a higher obligation to review content involving minors and should bear joint responsibility for the infringement due to its delayed response [6][8]. Group 3: Court's Rationale - The court determined that the platform should have recognized the potential harm of the video, given its clear depiction of a minor and the explicit nature of the content [7][9]. - The ruling emphasized that the platform's failure to implement adequate monitoring and preventive measures constituted a breach of its responsibilities under relevant laws, including the Minor Protection Law [10][12]. Group 4: Implications for the Industry - The case serves as a judicial precedent, urging internet platforms to strengthen their content management systems and take proactive measures to protect minors from online harassment [8][11]. - Experts advocate for a collaborative approach involving various stakeholders to enhance the protective framework for minors in the digital space, ensuring a safer online environment [11][12].

Group 1 - The Supreme People's Court released a report detailing the juvenile trial work from 1978 to 2024, highlighting the significant issue of minors being exposed to harmful online content [1] - The report indicates that the number of civil disputes involving minors' online rights is increasing, with a notable rise in cases related to in-game purchases and online tipping [4] - The implementation of the "Regulations on the Protection of Minors in Cyberspace" on January 1, 2024, aims to create a healthier online environment for minors by defining responsibilities for various stakeholders [2][4] Group 2 - The report emphasizes the need for a multi-faceted approach to ensure minors can navigate the internet safely and healthily, involving cooperation from families, schools, and the government [3][12] - There is a growing concern regarding the impact of internet culture on minors' values and the psychological effects of internet addiction, including risks of fraud and bullying [2][5] - The report notes that many minors are circumventing existing anti-addiction systems by using others' identities to access online games, indicating a gap in enforcement and parental guidance [8][9][10] Group 3 - The rise in online gaming and streaming has led to a significant increase in minors' online activity, with a reported 1.96 billion minor internet users in China, achieving a penetration rate of 97.3% [1] - The report highlights that the financial stakes in disputes involving minors can be substantial, with some cases exceeding 3 million yuan, far above typical spending levels for minors [4] - The need for improved online safety measures is underscored, as many platforms prioritize economic gain over the protection of minors, leading to a proliferation of harmful content [7][12]