Only when the subject of educational legal relationship has the following four imputation elements of educational legal responsibility can it be recognized as the subject of educational legal responsibility and bear the corresponding legal consequences.

1. Damage facts

There are damaging facts, that is, the objective facts exist that the actor infringes on the education management, teaching order and the legitimate rights and interests of citizens, legal persons and other organizations engaged in education and teaching activities.

2. The damage must be illegal.

Illegal behavior refers to the behavior of the perpetrator who violates laws and regulations. This is the premise for education to bear legal responsibility.

3. The actor is wrong.

The so-called fault refers to the psychological state of subjective intention or negligence when the actor carries out the behavior. The so-called intentional mental state means that the actor knows that his behavior will cause harm to society, but he hopes or lets it happen. The so-called negligent psychological state refers to the actor's negligence or overconfidence when he should have avoided the harmful result, which leads to the harmful result.

4. There is a causal relationship between the illegal act and the fact of damage.

Illegal behavior is the cause of damaging facts, and damaging facts is the inevitable result of illegal behavior, and there is an inherent and inevitable relationship between them. The former determines the occurrence of the latter, and the latter is the inevitable result of the former.

legal ground

the education law of the peoples republic of china

Seventy-first in violation of the relevant provisions of the state, the education funds are not allocated according to the budget, and the people's government at the same level shall allocate them within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. Whoever misappropriates or embezzles educational funds in violation of the national financial system and financial system shall be ordered by the higher authorities to return the misappropriated and embezzled funds within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 72 Whoever gathers people to fight and stir up trouble, disturbs the education and teaching order of schools and other educational institutions, and damages school buildings, venues and other property shall be punished by the public security organs; If a crime is constituted, criminal responsibility shall be investigated according to law. Whoever encroaches on the school buildings, venues and other property of schools and other educational institutions shall bear civil liability according to law.

Article 73 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.