"On the (2013) Li Qing issued Spain in the early Republican word no. 551st

Lin Yongkai, Liu Xiaowei v. Qingtian County, Cape Town the new windmill kindergarten

Educational institutions duty dispute"

Generation Science The word

 

 

Respected judge, judge:

Shanghai Peng Yang law firmAccept the appointment Lin Yongkai, Liu Xiaowei Wang Jiangong, appointed director of lawyers13601988861), lawyer Julie Lin Yongkai's agent, Liu Xiaowei appointed Wu Zhijun attorney, the unit recommended by Wu Lingyun as Liu Xiaowei's agent, to participate in today's hearing procedure, then, Shanghai Peng Yang law firm, thank you very much in Zhejiang province Qingtian County People's court support and understanding of the Shanghai Peng Yang lawyer work, and provide convenient conditions the. As in the case Lin Yongkai, agent Liu Xiaowei, agent based on the court to find out the facts, combining both cited evidence, make the following agents, for a collegiate panel for reference:

 

A privately run kindergartens, the defendant, without the approval of the administrative department of education, and no school license, does not have the condition of the kindergartens, kindergartens should do not have to perform education, management, protection conditions, led to the loss of best rescuing time forest eno death, and eventually led to the death of Linino.

 

1, the examination and approval of the kindergarten without the local education administrative departments, without the license, are illegal do garden.

"The people's Republic of China Private Education Promotion Law"The education administrative departments of the local people's governments at or above the county level in charge of the provisions of article eighth" private education work within their respective administrative areas",Article seventeenthThe provisions of the first paragraph"The examination and approval authority for approval of the formal establishment of the private school to school license";" the kindergarten management regulations "stipulates that the fifth" national implementation of kindergarten registration system, without registration, no unit or individual may hold the kindergarten ";"The implementation regulations of the people's Republic of China Law of promoting civilian run education"Article seventeenthThe provisions of the first paragraph"The approval of the formal establishment of the private school, the examination and approval authorities shall issue the license";" Zhejiang Province kindergarten for approval "(for Trial Implementation) (two) the provisions for the formal establishment of" county kindergarten in the process of examination and approval (city, area) bureau of Education formally approved the establishment of the kindergarten in Zhejiang Province issued "kindergarten school license"""Office of the State Council transmitted the Ministry of education and other departments (units) notify the guiding opinions on the reform and development of education of children"Issued [2003]13"Three, strengthen management, to ensure the healthy development of early childhood education"Specified in the"Education departments at or above the county level is responsible for approving all kinds of kindergarten, kindergarten holding qualification issued license, and regularly review certification. Price department and the finance department is responsible for the kindergarten license to have made a deal with the formalities that register children issued license fees, administrative fees special bill. Without obtaining the kindergarten license and no registration, no unit or individual may hold the kindergarten. Should take powerful measures to ban illegal host kindergarten."

The law of our country stipulates clearly, pre-school education shall be subject to approval of education administrative department of the local people's government, the educational administrative department of Zhejiang Province approved the formal establishment of the kindergarten in Zhejiang Province issued "kindergarten school license". In this case the defendant kindergarten have not made "Zhejiang Province kindergarten school license", only a Qingtian County Education Bureau issued "the formal establishment of private schools of ratification", that "the approval is valid for three years (since two thousand and nine year March 10th to two, March 9th one or two)". The trial the defendant argued that the relevant formalities are up against, we shall not talk about the kindergarten run so far has been for many years, only the day from the only held "the formal establishment of private schools approved validity specified in the book", has been more than a year, the defence was told, not in line with the status quo of education the administrative departments of our efficient service, the only reasonable explanation is, this case the defendant began to re submit the relevant approval office park! Before this case defendant is always illegal do garden!

 

2, the kindergarten teachers seriously insufficient, the number of full-time faculty, non teaching qualification, not the principal without physician, nurse did not have primary school culture degree and so on the case of serious violations of the law.

"The Kindergarten Management Ordinance", "Zhejiang Province third kindergarten quasi do standard" (Trial) Eighth, tenth, twelfth of the full-time teachers in kindergarten, kindergarten, physician, nurse qualifications, conditions are made clear.

According to the plaintiffs application called Qingtian County Public Security Bureau asked the defendant staff record, evidence, court investigation combined with the defendant, to identify the kindergarten children more than 100 people, set up 3 classes, only two full-time teachers, the number of the full-time teachers is not serious enough, one of only 19 years old, although the graduation, but the only primary school culture from my personal information security bureau called, just imagine such a culture, how to teach? Find out the other facts play an important task in the school nurse Zhan Xiuqin did not have the primary school education, a serious violation of the "Regulations on the management of the kindergarten" nurse should have graduated from junior high school degree or above, occupation training child care, and obtain the certificate of provisions. What is more, kindergarten also does not have the teacher qualification certificate, have not made the provincial or Municipal Education Department issued the "kindergarten job training certificate", how such a kindergarten can let a person be at ease, because they have no how to preschool education professional knowledge that caused Linino to delay the best treatment time.

The law school, even in kindergarten is not in accordance with the provisions with physicians, through the court investigation, we by the staff in the Qingtian County Public Security Bureau did record confirms, the staff did not receive any child care training, it is because of this that in Linino body discomfort discomfort when crying, the so-called Preschool teachers also think that children reflect normal, diseased mistake Linino as normal, will Linino step by step to death. The kindergarten is equipped with physician "mandatory kindergarten management regulations" article third paragraph second of this regulation, if implemented, to save the forest Yi Nuo also win precious time.

 

Two, the kindergarten serious violation of self regulation, the children nap did not perform patrol duties, found that children also did not immediately take emergency measures, lost the best time to rescue the Lin Yi Connaught, Lin Yi's death led directly to the.

 

The kindergarten to develop "new County of Qingtian big pinwheel kindergarten emergency plan", "Qingtian big pinwheel kindergarten nurses work safety responsibility book", "Qingtian big pinwheel kindergarten teacher safety target"Are clearly defined" the children nap, teachers should actively, continuous inspection; found abnormal immediately take emergency measures, the teacher specialization, artificial respiration, call 119, notify the family, the higher leadership of the report and so on".

The kindergarten fails to perform the rules and regulations formulated by the duty, not patrol Linino nap, found that Linino also did not immediately take emergency measures, lost the best time to rescue the Lin Yi connaught. From the court investigation have been identified, Lin Yi Connaught from falling asleep before 13 to thirteen thirty already abnormal performance, specific performance for the crying, sobbing, and this behavior already can be judged to be due to illness caused by the annoying alarm and discomfort, but at the moment the accused the teacher, because do not have basic medical knowledge can not do relevance judgment, still insist that the seriously ill Linino forced to sleep, the results at thirteen thirty in the so-called forced Teacher Lin Yi Connaught sleep, but this time the so-called sleeping, unable to wake up, from the late purple lips situation is Linino into a coma, until fourteen twenty children time to get up, the teacher Lin Yi Nuo found unconscious, and on the basis of the defendant to submit inspection system shall kindergarten kindergarten nap housing teachers on duty patrol, but this system as a dummy, the 40 minute time unmanned patrol, nobody in the house on duty, and just is the defendant teachers lack of basic medical knowledge at the very least, resulting in Linino from the onset to forced to sleep, to sleep not to perform the normal inspection, loss of the best medical rescue time, leading to the The death of Linino tragedy, can also be said that the real cause of Linino's death is illegal kindergarten, violating the mechanism with the unqualified personnel.

 

Three, Lin Yi's learning, in the kindergarten life suffers personal injury during, the defendant illegal do garden, not as to the education, management, protection of the statutory duties, it shall bear the liability for compensation, the compensation amount is RMB 959188.50 yuan.

 

1, The compensation of 691000 yuan.

"The Supreme People's Court on some issues of determining civil right infringement spirit damage compensate responsibility to explain" the first paragraph of article seventeenth:"The victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working timeMedical expenses, including,Delay costs,Nursing fee,Traffic expense, accommodation,Hospital food subsidies, necessaryNutritional costsThe obligation of reparation, compensation shall be made."Paragraph third:"The death of the victim, the relevant expenses shall be the obligation of reparation in addition to compensation in accordance with the rescue treatment the first paragraph of this article, should also be compensationFuneral expenses, was dependent for living expenses, death compensation and the relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs."

Article twenty-ninthRegulations.Compensation for deathIn accordance with the seat of the court on appeal by the year of urban residents per capita disposable income per capita income or rural residents, according to twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years."

In the case of Lin Yi Nuo although is rural registered permanent residence, but in view of Lin Yi Enoch in overseas and have been living in the overseas, in 2012 February before returning home, after returning home, also live in Qingtian County until the day of their parents but also for many years, went to Italy, has obtained a green card in Italy. Various practical factors, according to the Supreme Court judicial interpretation, we think that urban residents in standard calculation of the death compensation is appropriate. Zhejiang Province Statistical Bureau 2012 annual statistical data of Zhejiang province people's life "communique records according to the annual survey results, in 2012, the Zhejiang province of urban residents per capita disposable income of 34550 yuan", the amount of compensation is calculated as 691000 yuan of death in this case.

 

2, Funeral expenses amount to 20043.50 yuan.

"The Supreme People's Court on some issues of determining civil right infringement spirit damage compensate responsibility interpretation"Article twenty-seventhRegulations.Funeral expenses in accordance with by the seat of the court last year on the average wage of workers, for the sum of six months."

Zhejiang Province Statistical Bureau 2012 annual statistical data of Zhejiang province people's life "communique records according to the annual survey results, Zhejiang province in 2012 the whole unit of society the average wage of workers is 40087 yuan", in this case the funeral expenses calculation six months amounts to 20043.5 yuan.

 

3, Identification of the amount of the fee is 15000 yuan.

Linino cause of death is unknown, Qingtian county public security organs suggests for forensic autopsy, units of public security, identification fee of RMB 15000 yuan shall be borne by the parties and pay.   

 

4, The transportation fee amounts to 56905 yuan.

    (1) the life of husband and wife living in Italy, as the daughter Linino died suddenly rushed home, and provide the relevant documents according to the requirements of the relevant departments, several times between Italy and Chinese, the plaintiff Lin Yongkai three times between Italy and China, Liu Xiaowei two times between Italy and China, as well as the two sides son (1 years old) a round trip to Italy and Chinese. The average adult a round-trip international air ticket costs € 1210.63, baby a round-trip international air ticket costs € 75, Lin Yi's death in March 2, 2013 China bank foreign exchange rate of the euro and the RMB "of the conversion price" for the 820.49, the international air ticket fees for a total of 50896 yuan RMB conversion.

(2) in March 17, 2013, Lin Yi Nuo bodies in Zhejiang province Wenzhou City funeral parlour anatomy of judicial identification, the plaintiff from Qingtian to Wenzhou, the transportation fee of RMB 279 yuan; judicial personnel from Shanghai to Wenzhou, the transportation fee of RMB 5730 yuan, the judicial identification of the transportation fees totaling 6009 yuan.

Produce cost and judicial identification of the international air transportation fee in the amount of 56905 yuan.

 

5, The accommodation fees of 770 yuan.

   Judicial identification began in March 17, 2013, ended in March 18, 2013, the plaintiff and the Shanghai forensic staff accommodation fees for 770 yuan.

 

6, Delay costs amount to 20040 yuan.

In the case of the death of Linino, the couple returned to deal with affairs, apply for judicial authentication, and hire a lawyer filed a lawsuit in court and other related matters, a few months can not work normally, the husband and wife are working abroad, in accordance with the law within the territory of the wage income proof required, submit notarized certification program, etc., can be submitted as evidence in the case the people's court. Considering the outside notarization, authentication procedures required are quite complex, uncertain time, and the high cost of staff and workers on the job, so we in Zhejiang Province in 2012 the whole unit of society annual average wage of 40087 yuan standard calculation of the husband and wife three months delay costs 20040 yuan, in fact the plaintiff husband and wife overseas real time fee loss far more than this amount.

 

7, The amount of the kindergarten tuition and fees charged 5430 yuan.

The kindergarten illegal running, high charges, reap huge illegal profits. Due to the lack of "Zhejiang Province kindergarten school license", the defendant cannot provide administrative fees special bill, Lin Yi Connaught park only get a signed by director of IOUs, recording the charge of tuition and fees for 5430 yuan.

 

8, Mental damage solatium amount is RMB 100000 yuan.

In the case of the death of Linino, causing great harm to the plaintiff husband and wife, they still indulge in the lost daughter of grief. Be forced to leave one's hometown of overseas Chinese, overseas, in order to give the next generation to provide a good living environment, the plaintiff in the case even daughter last side were not seen, the damage cannot be expressed in words, but can not compensate by money, regardless of the amount of compensation for mental damage solatium, cannot heal parents of the heart. According to the relevant provisions of the law, the spirit damage we only claim 100000 yuan solatium.

 

9, The lawyer fees for 50000 yuan.

The plaintiff in the case of a lawyer to provide legal service fee is 50000 yuan.

 

The amount of compensation for a total of 959188.50 yuan.

 

 

In summary, the defendant without the approval of the local administrative department of kindergarten education, without the license, a serious shortage of teachers, full-time teachers, the insufficient number of no teaching qualification, no doctors, nurses did not have primary school culture degree and so on are serious violations of laws and regulations of the state. At the same time, the kindergarten has not fulfilled by rules, Linino was taking a nap did not perform patrol duties, Linino also did not immediately take emergency measures etc.. All sorts of illegal, the defendant's illegal behavior, lost the best time to rescue the Lin Yi Connaught, directly led to the death of Linino.

The defendant illegal do garden, does not have the condition of the kindergartens, not for Linyinuo to education, management, protection of the statutory duties, and to charge high fees, to obtain huge profits, the greedy desire led to the slaughter. The plaintiff in the case of loss of objective existence, the defendant shall bear the liability for compensation, the compensation amount is RMB 959188.50 yuan.

 

Yours sincerely

Qingtian County People's court           

 

 

                                     Agent: Shanghai Peng Yang law firm

                                            Wang Jiangong Julie Wu Zhijun

                                            July 15, 2013