The legal responsibility of students in school injured

      (the new law on the revised December 25, 2010)

             [Dali famous expert lawyer, lawyer Ma Peijie]

   Students for various reasons caused casualties in the school when the incident occurred, the minor students under the age, knowledge and social experience, coupled with the self protection ability is poor, will inevitably hurt on campus, campus injury case occurred, the school and parents has always been controversial for law students after the injury, the relevant provisions of the law the country is also change several times, misunderstood, and fuzzy recognition. Dali famous scholar expert lawyer Ma Peijie made a detailed solution combined with the legal provisions of the latest, we hope to help.

   For student injury to solve the social widespread dispute liability accident, the Ministry of Education announced the "decision of the Ministry of education on Amending and Abolishing Some rules and regulations in December 25, 2010" (effective December 25th), below I law before and after revision for a detailed description of. 

   One, before and after modification of "student injury accident treatment measures" provisions:

1, before the revision: "student injury accident responsibility, should be based on the causal relationship between behavior and the damage to related parties to determine the consequences of. Student injury accidents caused by the school, student or other related to the fault of the parties, the relevant parties shall according to its behavior in proportion to the extent of the causal relationship between the fault and the consequences of damage shall bear the corresponding liability. The act of the party is the main reason for the occurrence of harm, should bear the main responsibility; the acts of the parties is the occurrence of harm non main reason, assume corresponding responsibility." According to this provision, injury accident of students need to refer to all evidence, determined according to the principle of fault liability.

   2, the revised provisions: "student injury responsibility judgment, will refer to" the people's Republic of China tort liability law "(hereinafter referred to as the" tort liability act ") and relevant laws, rules and regulations." This change has intensified the protection of students, and increase the probability of the school responsibility. According to the "Regulations of the people's Republic of China Tort Liability Act", according to the principle of fault presumption rules established, once students get hurt, the school must take responsibility, unless the school has evidence to prove that he has no fault (that is, to make the management and education of duty), otherwise, the law school has the responsibility on the presumption. That is to say if the school does not provide the evidence to prove that it has no fault, they should bear civil liability.

   According to the analysis of Yunnan Dali lawyer Ma Peijie, compared to the new regulations before, the student party without the need to prove that he has no fault laws and school has fault, which alleviates the burden of proof of the students, with students having no capacity for civil conduct awareness is low, poor awareness of self-protection, incapable of proof after the incident characteristics, is reasonable the.

   Two, students in the school were injured, the school should bear common responsibility.

   Responsibility: 1, a teaching facilities shall not be defective obligation.

   Case: the third grade primary school students with both hands on the corridor railing Lee in the teaching building on the third floor corridor to play, accidentally fell to the floor, because of a serious head injury, rescue invalid death. County Court to Lee parents asked any of the primary school to pay for all the damage. The court: the defendant to compensate the death of Lee compensation, funeral expenses, a total of 78493 yuan.

   Comments: "Education Law" provisions, the establishment of schools must be in accordance with the standards of the teaching venues and facilities, equipment etc.. "The law on the protection of minors" the first paragraph of article sixteenth states: "the school shall not let the minor student activities in health and safety, endanger the schools and other educational and teaching facilities." In addition, according to the Ministry of Education promulgated the "student injury treatment" Ninth paragraph, because the school buildings, sites, and other public facilities, the school provides students with learning, teaching and living facilities, equipment does not meet the national standard, the injury accidents of students or are apparently not safe caused by the factors, the school should bear the corresponding liability according to law. In this case, the teaching building porch railing is only 0.93 meters high, does not meet the requirements of "specification" design of school buildings on the balustrade should reach 1.1 meters high. Although the standard has not yet introduced the construction of the teaching building, but the time of the incident, "the law on the protection of minors" and "Education Law" has implemented. The defendant failed to control safety the standard inspection building, on the railing height did not meet the defect is not discovered in time and take corresponding remedial, preventive measures, can not shirk responsibility of the accused.

   Responsibility: 2, two safety management obligations.

   Case: a high side firewood son wavelet Zhao Mougang turned 10 years old in the school organization of the suburb picnic, my foot slipped and tumbled to the Kan Xia, left shoulder dislocation, spent 6800 yuan of medical expenses. After the courtMediationZhao, and school agree as follows: the loss caused by the wavelet falls, borne by the school in 80%, the rest of the Zhao conceited.

   Comments: "the law on the protection of minors" the seventeenth stipulation: "the schools and kindergartens for minor students and children attending rallies, collective activity culture and entertainment, social practice, should be conducive to the healthy growth of minors, prevent the occurrence of safety accidents." "Student injury accident treatment measures" article ninth fourth also makes clear a regulation, the school students to participate in teaching activities or extracurricular activities, without corresponding safety education to the students, did not take the necessary security measures within a predictable range, resulting in the injury accidents of students, the school should bear the corresponding liability according to law. Visible, the school to participate in the extracurricular activity in the organization of student, because of the potential risk is big, has the strict safety management obligations to students. In this case, the wavelet when infant in Gaokan side pick up firewood, can not fully foresee what is in some danger, and the school the teacher failed to immediately find and take effective measures to stop, so school on wavelet falls has fault, shall bear the corresponding compensation liability.

   Responsibility: 3, three time to stop the dangerous behavior of students

   Case: Liu Ying the second grade primary school students break Daping invited classmate Hua Xiaogang fired slingshot, accidentally shot the Xiaogang right eye. Hua Xiaogang after the injury, in the hospitalTreatmentThe 26 day, take the medical fee of 3408 yuan. The hospital diagnosis of traumatic cataract (right); ocular contusion of retina. After identification, Hua Xiao Gang seven class disable. The court ruling Liu Ying parents bear the main responsibility, school bear secondary liability, the plaintiff assume some responsibility.

   Comments: injuries among students, occupies a large proportion in the campus injury case. Because this kind of accident injuring human another student, most of that the school should not be this kind of accident "bill". However, "Supreme People's courtAbout tries personCompensation for damageSome issues of applicable law cases the interpretation of "seventh stipulates:" for minors according to law has the education, management, protection of the obligations of schools, kindergartens and other educational institutions, the relevant obligations not within the scope of duties which suffered minorPersonal injuryMinors, or to his personal damage, it shall bear the liability for compensation according to his fault." In this case, Liu Ying, Hua Xiao Gang break test slingshot to yourself and others who have a certain risk, the school because of lack of management, it is not discovered in time to effectively discouraged, resulting in Hua Xiaogang injured, schools should bear the liability for fault corresponding.

   4, four: no responsibility of corporal punishment

   Case: the fifth grade primary school students internet addiction has been playing truant army for two days. Teacher Tang teacher know after the truth, using their own language lesson time, penalty army station at thepodium. But the Army stood not honest, deliberately put out his tongue, shaking head, make the students couldn't help laughing. Tang teacher sees shape is very angry, come forward to push the military to military, lead fell to the ground, right wrist scaphoid waist shift, spent on medical expenses 3200 yuan, also had to take a year off. The Department of education to deal with mediation, the school for all loss army injuries.

   Comments: "the law on the protection of minors" Fifteenth stipulates: "the school, kindergarten teachers should respect the human dignity of minors, not for minor students and children to corporal punishment, corporal punishment or other insult the dignity of behavior." "Student injury treatment" Ninth Article ninth also stipulates, school teacher or other staff to corporal punishment or corporal punishment of students, or violates the work in the process of performing their duties, operating rules, occupation morals or other relevant provisions, causes the student injury accident, the school should bear the corresponding liability according to law. In this case, the army young fun, playing truant online, as a class teacher Tang should he patiently criticism and education, encourage him to realize the mistake, gradually correct the shortcomings and deficiencies, but Mr. Tang is the army is standing and is pushing, leading to injury. Because the teacher Tang Department of school staff, is the representative of school educational activities for students, he corporal punishment army behavior belongs to the act of duty according to law by the school responsibility.

Smell speech hearing, pen Yuan Ming; trust, loyalty affairs; the interpretation of the law, spell Daniel; Hung Yi Jian, stand up for what is right; human right, as bright as sun and moon; the conflict law, Good prevails over evil! [Yunnan (Dali) famous scholar expert lawyer, lawyer Ma Peijie: 13508724904]