Chapter I General Provisions

Article 1 In order to effectively prevent and properly handle personal injury accidents of primary and secondary school students, protect the legitimate rights and interests of students, and maintain the normal order of education and teaching, these Regulations are formulated in accordance with the Education Law of the People's Republic of China, the Law of People's Republic of China (PRC) on the Protection of Minors and other relevant laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the prevention of personal injury accidents of students in primary and secondary schools (hereinafter referred to as schools) within the administrative area of this Municipality and the handling of injury accidents in education and teaching activities.

Article 3 It is the common responsibility of the people's governments at all levels and their relevant departments, school organizers, schools, students, their guardians and the society to prevent injury accidents and ensure the personal safety of students.

Article 4 The people's governments of cities and counties (cities, districts) shall strengthen their leadership in the prevention and treatment of injury accidents, establish a coordination mechanism for the prevention and treatment of injury accidents, and implement the responsibility system for school safety prevention.

City, county (city, district) education administrative department is responsible for coordinating, guiding, supervising and inspecting the prevention and handling of school injury accidents.

Other relevant departments shall, within the scope of their respective duties, do a good job in the prevention and treatment of injury accidents according to law.

Article 5 Schools have the responsibility to educate, manage and protect students according to law.

Article 6 The prevention of injury accidents shall follow the principles of active prevention, management according to law, social participation and individual responsibility.

The handling of injury accidents should follow the principles of legality, fairness and timeliness.

Seventh city and county (city, district) people's governments shall organize schools to handle school liability insurance for student injury accidents, and the insurance fees shall be paid in accordance with the relevant provisions of the state.

Advocate guardians to handle personal accident insurance for students on a voluntary basis.

Chapter II Prevention of Injury Accidents

Article 8 The administrative department of education shall perform the following duties:

(a) to urge schools to comply with relevant safety laws and regulations;

(two) in conjunction with the relevant departments to formulate specific measures and emergency plans to prevent and deal with injury accidents;

(three) the school safety work into the school target management;

(four) regularly check the implementation of school preventive measures;

(five) other duties as prescribed by laws and regulations.

Article 9 Public security organs shall perform the following duties:

(a) to assist schools to carry out public security, fire control and traffic safety knowledge education activities;

(two) to strengthen the security management of the school and its surrounding areas, strengthen the patrol of students when they go to school, and promptly stop and investigate illegal and criminal acts that endanger the safety of students;

(three) to guide and supervise the school to do a good job in school fire control, regularly supervise and inspect the school fire safety, and urge the school to eliminate fire safety hazards within a time limit;

(4) Strengthen the traffic safety management in and around the school, set up school traffic safety warning signs near the school, draw crosswalks in front of the school, set up signs and facilities such as vehicle warning and speed limit, and maintain the road traffic order at the entrance and exit of the school in busy traffic sections;

(5) Strengthen the management, supervision and inspection of school buses and drivers.

Article 10 The administrative department of health shall, according to law, supervise and inspect the sanitary conditions of schools' educational and teaching places, teaching supplies, living facilities and food and drinking water, and guide schools to do a good job in sanitation; Organize and urge relevant medical units and professional prevention and control institutions to do a good job in the prevention and control of infectious diseases and common diseases among school students; When a major epidemic situation is discovered, it shall be reported in a timely manner in accordance with the regulations.

Eleventh school organizers should ensure the investment of school security funds, and supervise the school earmarking.

The education, teaching and living facilities and equipment provided by the school organizers shall meet the safety and quality standards of fire fighting and earthquake resistance stipulated by the state.

Twelfth schools should strengthen the prevention of injury accidents, and perform the following duties:

(a) to establish and improve the organization and work system of school safety management and injury accident prevention, formulate emergency plans for various emergencies, organize students to conduct emergency drills every semester, and implement school safety management and injury accident prevention measures;

(two) every semester for students to legal system, safety, mental health, emergency knowledge and self-protection, self-help and mutual rescue knowledge education, enhance students' safety awareness, improve students' preventive ability.

(three) the school shall not organize students to participate in dangerous activities such as emergency rescue, and shall be engaged by professionals or adults;

(four) in accordance with the curriculum standards and teaching requirements to carry out education and teaching activities, social practice and other collective activities, necessary safety protection measures should be taken;

(5) Facilities and equipment provided for education, teaching and life, as well as other commodities and services related to students' study and life, shall meet relevant quality, safety and hygiene standards;

(six) the internship units and operators selected to provide facilities, equipment, goods and services to students shall examine whether they have the corresponding qualifications and necessary safety conditions, and whether the facilities, equipment, goods and services provided meet the safety and health standards;

(seven) to strengthen the safety inspection, when necessary, entrust a qualified unit to monitor the quality of school buildings. Houses, facilities and equipment with potential safety hazards should be stopped, and protective and warning measures should be taken for maintenance or replacement to eliminate potential safety hazards in time;

(eight) to strengthen the awareness of fire safety, equipped with necessary fire equipment, to eliminate fire hazards;

(nine) to establish and improve the safety management system of school buses and their drivers, and the qualifications of school buses and their drivers shall comply with the relevant provisions of the state and province;

(ten) for dangerous teaching and living facilities, teaching and research experimental instruments, radioactive materials and other toxic and hazardous substances, flammable and explosive substances, we should establish and improve the use management system;

(eleven) staff suffering from illness or other reasons are not suitable for education, teaching and auxiliary work, it should be adjusted in a timely manner;

(twelve) to strengthen the management of school guards and the safety and security of student accommodation areas;

(thirteen) informed by the guardian in writing, the school found that students have special physique or diseases that are not suitable for participating in certain educational and teaching activities, and should give necessary care;

(fourteen) in education and teaching activities and schools, to provide timely assistance to students who have sudden illness or personal injury in educational and teaching facilities and living facilities such as school buildings and venues;

(fifteen) know or should know that the students did not arrive at school, leave school without authorization and other situations directly related to the personal safety of students, and promptly inform their guardians;

(sixteen) in the event of natural disasters, major accidents, public health incidents, social security incidents and other public emergencies, start the emergency plan, take timely rescue, rescue and protective measures, and give priority to protecting the personal safety of students;

(seventeen) other duties as prescribed by laws and regulations.

Thirteenth school staff should abide by laws, regulations, rules and work discipline, abide by professional ethics and perform their duties; Do not violate the operating rules and other relevant regulations at work, and do not leave the post without permission; There shall be no insults, discrimination, corporal punishment or other acts that harm students.

When school staff find that students' behaviors are dangerous or students are infringed, they should promptly warn, stop and protect them, and report to the public security organs for handling if necessary.

In case of sudden natural disasters, accidents, public health and social security incidents, faculty members should take necessary measures to help students in time.

Article 14 guardians of students shall perform their guardianship duties according to law, correctly educate, guide and manage students, prevent and stop students' bad behaviors, and cooperate with schools in the safety education, management and protection of students.

For students with special physique, special diseases or abnormal psychological conditions, their guardians shall inform the school in writing in time and provide the diagnosis certificate issued by medical institutions.

Students suffering from infectious diseases that need isolation treatment should be treated in isolation during the infectious period; Relevant certificates issued by medical institutions should be provided when returning to school.

Fifteenth students should abide by laws, regulations and school management system, and obey the education and management of the school. Do not carry articles that have nothing to do with education and teaching activities and may endanger the personal safety of yourself or others, and do not engage in activities that endanger the personal safety of yourself or others.

Article 16 Units or individuals that provide education, teaching and living facilities, equipment, venues, commodities and services for schools and students shall implement various safety measures, and the commodities or services provided shall meet relevant quality, safety and hygiene standards.

Units and individuals engaged in construction, visits or other activities in the school shall abide by the school's safety system and obey the school's safety management.

Units and individuals engaged in construction around the school should take safety protection measures to ensure construction safety.

Chapter III Handling of Injury Accidents

Seventeenth in the event of an injury accident, the school should immediately take rescue measures to protect the scene of the accident, preserve relevant evidence, and promptly notify the student's guardian and insurance company.

The guardian of the student and the third party related to the accident shall take timely rescue measures for the injured student.

Medical institutions shall promptly organize the rescue and treatment of injured students, and shall not refuse, shirk or delay.

Eighteenth major injury accidents, schools should report relevant information to the administrative department of education within one hour.

In the event of a major or group injury accident, the school shall immediately report to the education and other relevant administrative departments, and the education administrative department shall report to the people's government at the same level within one hour. After receiving the report, the people's government shall promptly organize relevant departments to rush to the scene to direct the accident handling and maintain the order of the school.

Article 19 In the event of an injury accident, the school shall promptly organize investigation and handling, and notify the insurance company to participate; If the school is unable to investigate and deal with it, it shall report the investigation to the administrative department of education and other relevant departments, and the school shall provide true information and evidence.

In the event of a major or group injury accident, the people's government where the school is located shall organize education, public security, health, safety production supervision and other departments to investigate and handle the accident, and put forward opinions on the investigation and handling of the accident within 30 days from the date of the accident.

The guardian of the injured student has the right to know about the injury accident and related investigation and handling, and the school and relevant departments shall truthfully inform him.

Twentieth in the education and teaching activities, which are within the scope of school management responsibility, the parties can solve it through consultation, or they can request the administrative department of education or other relevant departments to mediate. If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may bring a lawsuit to the people's court according to law.

Twenty-first injury accident reached an agreement through mediation, a mediation agreement shall be made, signed or sealed by both parties and the mediator.

The mediation period shall not exceed thirty days from the date of acceptance. If the parties bring a lawsuit, the mediation shall be terminated.

Twenty-second schools shall, within five days from the date of the end of the handling of major injury accidents, report the results of the handling of accidents in writing to the local education administrative department; The results of handling major or group injury accidents shall be reported in writing to the people's government at the same level and the education administrative department at the next higher level within five days from the date of handling.

Article 23 No unit or individual may obstruct or interfere with the investigation and handling of injury accidents according to law, insult, intimidate, beat or detain school staff and students, occupy or damage school education and teaching, living facilities, equipment and other property, or interfere with the normal education and teaching order of the school.

Chapter IV Liability for Injury Accidents and Compensation for Damage

Article 24 The responsible person who is at fault for the occurrence of an injury accident shall be liable for compensation.

If a third person causes personal injury to students, the third person shall bear the corresponding responsibility.

If the school fails to fulfill the relevant obligations within the scope of its duties, causing personal injury to students, or causing personal injury to others, it shall bear the corresponding liability for compensation.

Twenty-fifth any of the following circumstances caused an accident, the school shall bear the corresponding liability for compensation:

(a) the school's education and teaching facilities, living facilities and equipment do not meet the safety standards or improper management and maintenance;

(two) the school organized education and teaching activities, and failed to provide students with necessary safety education or take necessary safety protection measures in accordance with the regulations;

(3) Physical activities such as labor and sports organized by the school are obviously beyond the age and physical endurance of the students;

(4) Drugs, food, drinking water, stationery or other articles provided by schools to students do not meet the quality, safety and hygiene standards;

(five) the school knows that students have special physique or diseases that are not suitable for certain educational and teaching activities, and fails to give necessary care;

(six) the school knows that students have infectious diseases that need isolation treatment and fails to take effective preventive measures;

(seven) the school students suffered from sudden illness or injury, and failed to take corresponding rescue measures in time;

(eight) school staff insult, corporal punishment, beating students;

(nine) school staff leave their posts without permission, or do not perform their duties during their work;

(ten) school staff found that students' behavior was dangerous and failed to give necessary warning or stop;

(eleven) the school knows or should know that the staff is suffering from diseases that are not suitable for education, teaching and auxiliary work, and fails to take necessary measures to cause accidents in which the staff hurts students;

(twelve) the school security, fire protection, equipment management and other security systems are missing, or the management is chaotic, and there are security risks;

(thirteen) failing to prevent foreseeable natural disasters, causing injuries to students;

(14) The school knew or should have known that the students were absent from class abnormally and left school without authorization, but failed to find out or inform their guardians in time, which caused the students to leave the guardian's protection and caused harm;

(fifteen) other circumstances determined by the school as stipulated by laws and regulations.

Twenty-sixth schools have fulfilled their corresponding obligations to injury accidents, and if they act appropriately, they will not be liable for compensation, and the laws and regulations do not belong to the situation in which schools assume responsibility.

Twenty-seventh any of the following circumstances caused an injury accident, students or their guardians shall bear corresponding responsibilities according to law:

(1) Students violate laws, regulations, social and public codes of conduct, and the management system formulated by the school according to law, and commit acts that endanger the personal safety of themselves and others;

(two) the behavior of students is dangerous, and the school has done its duty to warn and stop, but the students do not listen to dissuasion and refuse to correct;

(3) The student or his guardian knows that the student has special physique and specific diseases but fails to inform the school in writing;

(4) Students' physical condition, behavior, mood, etc. It is abnormal, and its guardian knows or should know, but fails to perform the corresponding guardianship duties;

(five) students leave school without authorization, go to school on their own, and happen on the way to school;

(six) the student or his guardian has other faults.

Twenty-eighth injury accident compensation scope and standard, in accordance with the relevant provisions of the state and province, according to the specific situation of the accident and students.

Twenty-ninth school staff in the performance of their duties caused by injury accidents, the school should bear the liability for compensation, and can recover from the person responsible for intentional or gross negligence.

If an injury accident is caused by the fault of a third person, the school can recover from the responsible person in advance in the rescue.

Thirtieth students in order to safeguard the interests of the state, the collective or the legitimate rights and interests of others, the infringed shall be liable for compensation. If there is no infringer, the infringer cannot be determined or the infringer is unable to compensate, the beneficiary shall give appropriate economic compensation.

Chapter V Legal Liability

Thirty-first schools in any of the following circumstances, the administrative department of education or other relevant departments shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) the safety management system is not perfect, the management is chaotic, the preventive measures for injury accidents are not implemented, and there are major safety hazards, and the relevant departments urge them to make corrections within a time limit, and they fail to make corrections within the time limit;

(two) the injury accident, the school has the main responsibility and the circumstances are serious;

(3) Concealing, delaying reporting or falsely reporting an injury accident, thus causing serious consequences;

(4) Obstructing the investigation of injury accidents or providing false information.

If the school fails to rescue the injured students or take timely measures to expand the accident, it shall bear corresponding civil liability for the losses caused by the expansion of the accident.

School staff are responsible for injury accidents, or when natural disasters, accidents, public health and social security incidents occur, they fail to take necessary measures to help students in time, and the education administrative department or school shall give criticism and education or administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 32 If the education administrative department or other relevant departments fail to perform their corresponding duties and are responsible for the occurrence of injury accidents, or abuse their powers or neglect their duties in the investigation and handling of injury accidents, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by their units or higher authorities according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-third school organizers who violate the duties stipulated in Article 12 of these regulations shall be ordered by the education administrative department or the people's government at a higher level to make corrections, and the relevant person in charge and the person directly responsible shall be given administrative sanctions or other treatments according to law; If an injury accident is caused, the school organizer shall bear civil liability. If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-fourth parties and other relevant personnel in the process of dealing with injury accidents in any of the following circumstances, by the education administrative department or other relevant departments to stop; If damage is caused, it shall bear civil liability according to law; Violation of relevant laws and regulations shall be dealt with according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Insulting, intimidating or beating school staff and students;

(two) occupation, damage to school education and teaching, living facilities, equipment and other property;

(3) disturbing the normal teaching order of the school.

Students who are responsible for injury accidents may be punished according to relevant management regulations; If the circumstances are serious, the relevant departments shall handle it in accordance with relevant laws and regulations.

Chapter VI Supplementary Provisions

Article 35 The meanings of the following terms in these Regulations:

(1) Primary and secondary schools refer to full-time primary schools, junior high schools, senior high schools, special education schools, various secondary vocational schools and other educational institutions established according to law within the administrative area of this Municipality;

(2) Students refer to the educatees who attend the primary and secondary schools listed in Item (1) of this article;

(3) Teaching staff refer to the managers, teachers and other staff of primary and secondary schools listed in Item (1) of this article;

(4) School sponsors refer to investors of people's governments, industry departments and private schools;

(5) The term "education and teaching activities" refers to the activities related to education and teaching in the school, the period of boarding students' accommodation, and the period of extracurricular activities organized by the school;

(6) Injury accidents refer to students' death, physical disability, organ and mental dysfunction and other injuries that affect personal health due to external factors;

(seven) a major injury accident refers to an injury incident in which one student is seriously injured or two students are slightly injured;

(eight) a major or group injury accident refers to a group injury accident in which more than one student is killed, or more than two students are seriously injured, and more than three students are injured.

Article 36 The prevention and treatment of child injuries in kindergartens, children's palaces, children's activity centers, amateur sports schools and other educational institutions shall be implemented with reference to these regulations.

Article 37 These Regulations shall come into force as of March 6, 2009.