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CHILD BULLING AND THE LAW
 SMOLA, Zdeněk
The main reason for undertaking this analysis and synthesis of the findings into the present state of the socio-pathological behaviour of child bullying is the unsatisfactory and complicated situation we find when dealing with this phenomenon. When examining the subject of school bullying in the first instance (within a school), the basic problem is the definition of bullying. We can only use a definition which is acceptable by all three basic subjects: the pupil, the school and the legal guardian of the child. Criminal law does not recognize the definition of bullying as such. The explanation of the actual situation is specifically given in this thesis. Even the definitions quoted by the experts and those found in specialized literature cannot be taken as the final words because they can be easily questioned and undermined. This subject cannot be catigorized by anyone and this based upon the grounds that another of version of the definition of the term can be preferred. This thesis also pays attention to criminal law, as well as finding the means for the prevention of bullying and further education on this subject, as they are all essential parts in combating this socio-pathological phenomena. The qualitative research has been aimed in gathering the relevant information concentrated in the following specific areas: that of primary education, the statistics from the Police of the Czech Republic and also upon the data gathered by the Sdružení Linka bezpečí (the Czech Telepohne Line for Children), as well as the Probation and Mediation Services in Třebíč Region. This research also includes national statistical data from the Police of the Czech Republic and chosen NGOs. To support the finding that have been collected, this data cannot be generalized. Therefore it is necessary to observe certain legal conditions which prevent the objectivity of this research. This mainly concerns the data regarding the perpetrators (aggressors) of bullying who are minors, even though there is no doubt that they are guilty of the crime.
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