(case introduction)
September 2 1 8th 21Yang, a junior one student in a middle school in Gansu Province, was injured when the school playground wall suddenly collapsed during PE class. The school teacher sent him to the hospital for 39 days, and his injury was identified as grade 10 disability by the judicial appraisal agency.
It is reported that the fence of the school playground belongs to the scope to be demolished by a local real estate development company (hereinafter referred to as the real estate company). The fence was tilted before the incident, but the real estate company failed to carry out maintenance in time. To this end, the victim student Yang took the real estate company and its school to court as a plaintiff.
After the trial, the court held that the real estate company, as the manager of the fence, did not reinforce or dismantle the fence with potential safety hazards, causing the plaintiff to be injured and should bear the main responsibility; The plaintiff was injured in the school, and the school failed to fulfill the responsibility of safety management, and should bear the corresponding responsibility.
After mediation by the court, the two parties reached a mediation agreement as follows: the plaintiff Yang's expenses during his hospitalization totaled 153245 yuan, and the real estate company compensated Yang 122596 yuan respectively; Yang's school compensated 30,649 yuan.
Try to analyze:
(1) Who are the subjects involved in this case?
(2) What laws did the parties violate?
(3) What legal responsibilities should the parties bear?
(4) What enlightenment can this case bring us?
Correct answer:
(1) Subject analysis: The subjects involved in this case mainly include: student Yang, real estate company and school.
(2) Jurisprudence analysis: This case is a student injury accident caused by the collapse of the school wall. The parties concerned violated the relevant provisions of the Education Law of the People's Republic of China, the Compulsory Education Law of People's Republic of China (PRC) and the Law of People's Republic of China (PRC) on the Protection of Minors, and violated the students' right to life and health. Article 27 of the Education Law stipulates that the establishment of schools and other educational institutions must meet the following basic conditions: (3) having teaching places, facilities and equipment that meet the prescribed standards; ? Article 16 of the Compulsory Education Law stipulates that: school construction should meet the standards for running schools stipulated by the state and meet the needs of education and teaching; Meet the site selection requirements and construction standards stipulated by the state, and ensure the safety of students and faculty. ? Article 24 stipulates that schools should establish and improve safety systems and emergency mechanisms, educate students on safety, strengthen management, eliminate hidden dangers in time and prevent accidents. ? Article 35 of the Law on the Protection of Minors stipulates that schools and kindergartens shall not carry out educational and teaching activities in school buildings and other facilities and places that endanger the personal safety and physical and mental health of minors. ? In this case, the fence of the school playground has been tilted and belongs to dangerous buildings, but the real estate company has not reinforced, dismantled or set up isolation belts; The person in charge of the school didn't take any safety measures, but the teachers still went to physical education class for the surrounding students, laying a major safety hazard for the accident, which eventually led to Yang being injured by the collapsed wall and infringing on Yang's right to life and health.
(3) Responsibility analysis: Article 73 of the Education Law stipulates that if school buildings or educational and teaching facilities are in danger and no measures are taken, resulting in casualties or heavy property losses, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law. ? Article 129 of the Law on the Protection of Minors stipulates that anyone who violates the provisions of this law and infringes upon the legitimate rights and interests of minors and causes personal or property damage shall bear civil liability according to law; ? Article 172 of the Civil Code stipulates that: if two or more persons commit infringement separately, causing the same damage, and the size of the liability can be determined, each person shall bear corresponding responsibilities; It is difficult to determine the size of the responsibility and share the responsibility equally. ? In this case, because the school playground fence belongs to a real estate company, it failed to take safety measures, causing student Yang to be injured. Therefore, real estate companies should bear the main civil liability for compensation. The school and its related responsible persons knew that the fence was dangerous, but neglected the safety management, failed to take effective measures in time to eliminate potential safety hazards and avoid this accident, and should bear corresponding administrative legal liabilities and joint civil compensation liabilities according to law.
(4) Enlightenment analysis: This case can bring us the following enlightenment:
The safety of school facilities is directly related to the personal safety and health of students and faculty. Therefore, school leaders and relevant responsible persons should attach great importance to it, establish and improve the school safety management system, and take effective measures to eliminate hidden dangers of accidents in time to avoid similar accidents. (2) Teachers and students should enhance their safety awareness. When unsafe hidden dangers are found in the school, they should carefully avoid them and report them to the school or relevant responsible departments in time.
Door report, urge them to eliminate hidden dangers in time to ensure campus safety.
③ Students should establish the awareness of rights protection. When their legitimate rights and interests are infringed, they should choose appropriate legal remedies to protect their rights.
④ School authorities or local governments should strengthen school safety supervision to ensure the safety of teachers and students.