STUDENT INJURY ACCIDENT HANDLING METHODS
(ORDER EDUCATION, NO.12)
CHAPTER I. GENERAL PROVISIONS
Article 1 These measures are formulated in accordance with the education law of the People's Republic of China, the law of the People's Republic of China on the protection of minors and other relevant laws, administrative regulations and relevant provisions to actively prevent and properly handle school student injury accidents and protect the lawful rights and interests of students and schools.
Article 2 These measures shall be applicable to the handling of accidents that occur in the education teaching activities or off-campus activities organized by the school, and in the school buildings, venues, other education teaching and living facilities of the school that are responsible for the management of the school, and cause the consequences of personal injury to students in the school.
Article 3 Student injury accident shall be handled in a timely and appropriate manner in accordance with the principles of lawfulness, objectivity, impartiality and reasonableness.
Article 4 The sponsor of a school shall provide schools, sites and other education teaching and living facilities that meet the safety standards. The education administrative department shall strengthen the school safety work, guide the school to implement measures to prevent student injury accidents, guide and assist the school to properly handle student injury accidents, and maintain the normal education teaching order of the school.
Article 5 The school shall carry out necessary safety education and self-protection and self-rescue education for the students in the school. The safety system should be established and improved in accordance with the provisions, and corresponding management measures should be taken to prevent and eliminate safety hazards in education teaching environment. When an injury accident occurs, measures should be taken promptly to rescue the injured student. The school shall carry out safety education, management and protection for students, and shall adopt relevant contents and preventive measures according to the differences of students' age, cognitive ability and legal behavior ability.
Article 6 Students shall observe the rules and regulations and discipline of the school. In different education stages, risks should be avoided and eliminated according to their age, cognitive ability and legal behavior ability.
Article 7 Parents or other guardians (hereinafter referred to as guardians) of underage students shall perform their duties of guardianship in accordance with the law and cooperate with the school in the work of safety education, management and protection of students. The school does not assume the responsibility of guardianship to the minor students, except where the law provides otherwise or the school accepts authorization to assume the corresponding responsibility of guardianship in accordance with the law.
CHAPTER II. ACCIDENT AND LIABILITY
Article 8 Liability for a student's injury accident shall be determined according to law based on the cause-and-effect relationship between the act of the relevant parties and the consequences of the injury. In the case of a student injury accident caused by the fault of a school, a student or any other party concerned, the party concerned shall bear the corresponding liability according to the proportion of the fault degree of the act and the causality between the fault degree and the consequence of the damage. The act of the party concerned is the main cause of the consequences of the damage and should bear the main responsibility; The act of the party is the non-main cause of the consequence of the damage and bears the corresponding responsibility.
Article 9 The school shall bear the corresponding responsibilities according to law for the student injury accidents caused by any of the following circumstances:
1. The school buildings, venues and other public facilities of the school, as well as the school equipment, teaching and living facilities and equipment provided by the school for students to 39use, do not conform to the standards set by the state or have obvious unsafe factors;
2. Failing to take timely measures due to obvious omissions in the safety management system of the school, such as the security guard system, the fire control system, and the management of facilities and equipment;
3. Medicines, food and drinking water provided by the school to students do not conform to the relevant standards or requirements of the state or industry;4. The school organizes students to participate in education teaching activities or off-campus activities, fails to carry out corresponding safety education for students, and fails to take necessary safety measures within the foreseeable scope;
5. The school knows that teachers or other staff members are suffering from diseases unsuitable for education teaching, but has not taken necessary measures;
6.The school, in violation of relevant regulations, organizes or arranges underage students to engage in Labour, sports or other activities that are not suitable for minors;
7.Students with specific physical conditions or specific diseases are not allowed to participate in certain education teaching activities, which the school knows or should know, but does not pay necessary attention to;
8. If a student experiences a sudden illness or injury while at school, and the school finds it, but fails to take corresponding measures in time according to the actual situation, thus causing serious adverse consequences;
9. Corporal punishment or corporal punishment of students by teachers or other staff members of the school, or violation of work requirements, operation rules, professional ethics or other relevant provisions in the process of performing duties;
10.School teachers or other staff members who, during the period when they are responsible for organizing or managing underage students, find that the behavior of students is dangerous, but do not carry out necessary management, warning or prevention;
11. Information that is directly related to the student's personal safety, such as leaving the school without authorization, and the school discovers or knows, but fails to inform the guardian of the underage student in time, causing the underage student to be injured due to the protection of the guardian;
12.The school has other circumstances in which it has not performed its duties according to law.
Article 10 If a student or a minor student guardian is at fault due to one of the following circumstances, causing a student injury accident, he shall bear corresponding responsibilities according to law:
1.Students who violate the provisions of laws and regulations, violate the social public code of conduct, the rules and regulations of the school or discipline, and implement behaviors that are dangerous or may endanger others according to their age and cognitive ability;
2. The behavior of students is dangerous. Schools and teachers have warned and corrected them, but students do not listen to dissuasion and refuse to correct them;
3. The student or his guardian knows that the student has a specific constitution or has a specific illness but has not informed the school;
4. The abnormal state of the physical condition, behavior, and emotions of the underage student, the guardian knows or has been informed by the school, but fails to perform the corresponding guardianship duties;
5. The student or the guardian of the minor student has other faults.
Article 11 The school arranges students to participate in activities, due to the provision of venues, equipment, transportation, food and other consumer and service operators, or the accidents caused by the faults of the organizers outside the school, the parties involved in the fault shall be in accordance with the law. Take the corresponding responsibility.
Article 12 The school has fulfilled its corresponding duties due to student injury accidents caused by one of the following circumstances. The behavior is not improper and there is no legal liability:
1.Caused by irresistible natural factors such as earthquakes, lightning strikes, typhoons and floods;
2. Sudden or incidental assaults from outside the school;
3. Students have idiosyncratic physique, specific diseases or abnormal psychological state, which 40the school does not know or is difficult to know;
4. Students commit suicide or self-injury;
5. Accidental injury occurs in a confrontational or risky sports competition;
6. Other accidental factors.
Article 13 In the event of an accident resulting in the personal injury of a student in the following circumstances, the school's behavior is not improper and shall not be responsible for the accident; the liability for the accident shall be determined in accordance with relevant laws and regulations or other relevant regulations:
1. Occurring on the way of students going to school, leaving school, returning to school, or leaving school;
2.Occurring during the period when the student leaves the school or leaves the school without permission;
3. Students who are staying in school or attending school on their own after school hours after school, holidays or holidays;
4. Others occur outside the scope of school management duties.
Article 14 The victim shall bear the corresponding responsibility according to law according to the individual behavior of the school teacher or other staff members who are not related to their duties, or the illegal acts committed by the students, teachers and other individuals.
CHAPTER Ⅲ. ACCIDENT HANDLING PROCEDURE
Article 15 In the event of a student injury accident, the school shall timely rescue the injured student, and shall promptly inform the guardian of the minor student; if conditions permit, emergency rescue shall be adopted.
Article 16 If a student injury accident occurs, if the situation is serious, the school shall promptly report it to the competent administrative department for education and the relevant departments; if it is a serious injury or death accident, the administrative department for education shall promptly report it to the people's government at the corresponding level and the administrative department for education at the next higher level in accordance with the relevant provisions.
Article 17 The competent educational administrative department of a school may, at the request of the school or as it deems necessary, direct and assist the school in handling the accident and restore the normal order of education and teaching in the school as soon as possible.
Article 18 In the event of a student injury accident, the school, the injured student or the parents of the student may settle it through consultation; the two parties may, voluntarily, request in writing the competent educational administrative department for mediation. Guardians of adult students or underage students can also directly initiate proceedings in accordance with the law.
Article 19 If the administrative department for education receives an application for mediation and deems it necessary, it may designate special personnel for mediation and shall complete the mediation within 60 days from the date of accepting the application.
Article 20 If the two parties reach an agreement on the handling of an accident through mediation by the administrative department of education, they shall sign a mediation agreement under the witness of the mediator to terminate the mediation; if the two parties fail to reach an agreement within the time limit for mediation, or if one party brings a lawsuit during the mediation process and the people's court has accepted the case, the mediation shall be terminated. Solution. If the mediation is terminated or terminated, the administrative department of education shall notify the parties in writing.
Article 21 If one party fails to perform or repents an agreement reached through mediation, both parties may bring a lawsuit according to law.
Article 22 At the end of an accident, the school shall report in writing the results of the accident treatment to the competent educational administrative department; and at the end of a major casualty accident, the competent educational administrative department of the school shall report the results to the people's government at the corresponding level and to the administrative department of education at the next higher level.
CHAPTER Ⅳ. COMPENSATION FOR ACCIDENT DAMAGE
Article 23 Organizations or individuals responsible for student injury accidents shall bear 41corresponding liability for damages in accordance with the relevant provisions of laws and regulations.
Article 24 The scope and standard of compensation for student injury accidents shall be determined in accordance with relevant administrative regulations, local regulations or relevant provisions of the judicial interpretation of the Supreme People's Court. If the educational administrative department considers the school responsible for mediation, it may, in accordance with the relevant laws and regulations and the relevant provisions of the state, put forward corresponding mediation plans.
Article 25 Where there is a dispute about the degree of disability of the injured students, the local hospital or relevant institution with corresponding qualification for appraisal may be entrusted to appraise the degree according to the standards for human disability stipulated by the State.
Article 26 If a school is liable for an injury to a student, it shall, according to the size of the responsibility, make appropriate economic compensation, but shall not undertake other matters that have no direct bearing on the settlement of such matters as household registration, housing, employment, etc. as rescuing the injured student or compensating the corresponding economic losses. Schools are not responsible, if conditions permit, according to the actual situation, in accordance with the principle of voluntary and possible, to give appropriate help to injured students.
Article 27 The school may, after compensating for the student injury accident caused by the intentional or gross negligence of the school teachers or other staff members in performing their duties, recover compensation from the responsible personnel concerned.
Article 28 If a minor student is liable for an injury to a student, his guardian shall bear the corresponding liability for compensation according to law. If a student's act infringes upon the legitimate rights and interests of school teachers, other staff members, other organizations and individuals, and causes losses, the guardian of an adult student or a minor student shall compensate him according to law.
Article 29 In accordance with the agreement reached by the two parties, the agreement formed through mediation or the effective judgment of the people's court, the school shall bear the compensation and the school shall be responsible for raising it; if the school is unable to raise it completely, the competent department or the organizer of the school shall assist in raising it.
Article 30 If the administrative department of education of the people's government at or above the county level or the organizer of a school is qualified, damages may be raised according to law by setting up a reserve fund for student injury compensation, etc.
Article 31 If a school has conditions, it shall participate in school liability insurance in accordance with the relevant provisions of the Insurance Law. The education administrative department may encourage primary and secondary schools to participate in school liability insurance according to actual conditions. Students are encouraged to volunteer for accident insurance. Under the premise of respecting the wishes of the students, the school can create convenient conditions for students to participate in accident insurance, but must not charge any fees.
CHAPTER V. HANDLING OF ACCIDENT RESPONSIBLE PERSONS
Article 32 In the event of a student injury accident, if the school is responsible and the circumstances are serious, the education administrative department shall, in accordance with relevant regulations, grant corresponding administrative sanctions to the directly responsible person in charge of the school and other directly responsible personnel; If a person’s behavior violates the criminal law, it shall be transferred to the judicial organ for criminal responsibility.
Article 33 If the school management is in chaos and there are major potential safety hazards, the competent educational administrative department or other relevant departments shall order them to rectify within a time limit; if the circumstances are serious or refuse to be corrected, they shall be given corresponding provisions in accordance with the relevant provisions of laws and regulations. Administrative penalties.
Article 34 If the administrative department of education fails to perform its corresponding duties and is responsible for the occurrence of a student injury accident, the relevant department shall separately impose corresponding administrative sanctions on the directly responsible person in charge and other directly responsible personnel; the behavior of the responsible person concerned Those who violate the criminal law shall be transferred to the judicial organs for criminal responsibility.
Article 35 Any school that violates the discipline of the school and is responsible for causing student injury accidents may be given appropriate punishments; if the criminal law is violated, the judicial organs shall pursue criminal responsibility according to law.
Article 36 The guardian, relatives or other relevant personnel of the injured student shall report the public security in the course of accident handling, disturb the normal education and teaching order of the school, or infringe upon the legitimate rights and interests of the school, school teachers or other staff members. The organ handles it according to law; if it causes losses, it may demand compensation according to law.
CHAPTER VI. SUPPLEMENTARY PROVISIONS
Article 37 The term “school” as used in these Measures refers to full-time primary and secondary schools (including special education schools) organized by the state or social forces, various secondary vocational schools and colleges and universities. The term student as used in these Measures refers to an educated person who is enrolled in a full-time school in the above-mentioned schools.
Article 38 Children's injury accidents in kindergartens shall be handled in accordance with these Measures according to the characteristics of young children who are completely incapacitated.
Article 39 Student injury accidents occurred in other educational institutions shall be handled in accordance with these Measures. The injury accidents that occur in the school management of other educated persons registered in the school shall be handled in accordance with this Measures.
Article 40 These Measures shall be implemented as of September 1, 2002. If the provisions of the former State Education Commission and the Ministry of Education concerning the handling of student personal safety accidents are inconsistent with these Measures, these Measures shall prevail. Student injury accidents that have been processed before the implementation of this method are not reprocessed.
IF THERE ARE ANY DIFFERENCES BETWEEN THE ENGLISH AND CHINESE VERSIONS OF THIS
REGULATION, THE CHINESE VERSION SHALL PREVAIL AND THE SCHOOL OF INTERNATIONAL
EDUCATION SHALL BE RESPONSIBLE FOR THE INTERPRETATION.
