(Promulgated by Decree No.2005 of 2004) 12 Promulgated by the Ministry of Education on June 25th, 2002, and revised according to the Decision of the Ministry of Education on Amending and Abolishing Some Regulations on February 3rd, 20 10).

Chapter I General Principles

first

In order to actively prevent and properly handle student injury accidents in school and protect the legitimate rights and interests of students and schools, these measures 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, administrative regulations and relevant provisions.

second

These Measures are applicable to the handling of the consequences of personal injury caused by accidents in educational and teaching activities implemented by schools or extracurricular activities organized by schools, and in school buildings, venues, other educational and teaching facilities and living facilities managed by schools.

essay

Students' injury accidents should follow the principles of legality, objectivity, fairness, reasonableness and appropriateness, and be handled properly in time.

Article 4

The sponsor of a school shall provide school buildings, venues, other educational and teaching facilities and living facilities that meet the safety standards.

The administrative department of education shall strengthen school safety work, guide schools to implement measures to prevent student injury accidents, guide and assist schools to properly handle student injury accidents, and maintain the normal education and teaching order of schools.

Article 5

Schools should carry out necessary safety education and self-care and self-help education for students in school; We should establish and improve the safety system in accordance with the regulations and take corresponding management measures to prevent and eliminate hidden dangers in the education and teaching environment; When an injury accident occurs, measures should be taken in time to help the injured students.

Schools should take corresponding contents and preventive measures according to the differences of students' age, cognitive ability and legal capacity when conducting safety education, management and protection for students.

Article 6

Students should abide by the rules, regulations and disciplines of the school; At different stages of education, we should avoid and eliminate corresponding dangers according to our age, cognitive ability and legal capacity.

Article 7

Parents or other guardians of minor students (hereinafter referred to as guardians) shall perform their guardianship duties according to law and cooperate with the school to carry out safety education, management and protection for students.

Schools do not undertake guardianship duties for minor students, except those stipulated by law or entrusted by law to undertake corresponding guardianship duties.

Chapter II Accidents and Liabilities

Article 8

The responsibility of students' injury accidents should be determined according to the causal relationship between the behavior of the parties concerned and the consequences of the damage.

If a student injury accident is caused by the fault of the school, the students or other relevant parties, the relevant parties shall bear corresponding responsibilities according to the proportion of their behavior faults and the causal relationship between them and the damage consequences. The behavior of the parties is the main cause of the damage consequences and should bear the main responsibility; The behavior of the parties concerned is not the main cause of the damage, and they should bear corresponding responsibilities.

Article 9

If any of the following circumstances causes a student injury accident, the school shall bear corresponding responsibilities according to law:

(a) school buildings, venues, other public facilities, and school supplies, teaching and living facilities and equipment provided to students do not meet the standards prescribed by the state, or there are obvious unsafe factors;

(two) the school's security management system, such as public security, fire protection, facilities and equipment management, has obvious omissions, or management confusion, there are major security risks, and failed to take timely measures;

(3) The medicines, food and drinking water provided by the school to the students do not meet the relevant national or industrial standards and requirements;

(four) the school organized students to participate in education and teaching activities or extracurricular activities, and failed to carry out corresponding safety education for students and failed to take necessary safety measures within the foreseeable scope;

(five) the school knows that teachers or other staff members suffer from diseases that are not suitable for education and teaching, but fails to take necessary measures;

(6) The school, in violation of relevant regulations, organizes or arranges underage students to engage in labor, sports or other activities that are not suitable for minors;

(seven) students with special physical fitness or specific diseases are not suitable for participating in certain educational and teaching activities, which the school knows or should know, but has not given the necessary attention;

(eight) students in school during the sudden illness or injury, the school found, but did not take corresponding measures in time according to the actual situation, resulting in increased adverse consequences;

(nine) school teachers or other staff members in the course of performing their duties corporal punishment or corporal punishment in disguised form, or in violation of job requirements, operating rules, professional ethics or other relevant provisions;

(10) When school teachers or other staff members are responsible for organizing and managing underage students, they find that students' behaviors are dangerous, but they fail to conduct necessary management, warning or stopping;

(eleven) leaving school without authorization and other information directly related to the personal safety of underage students was discovered or known by the school, but the guardian of underage students was not informed in time, resulting in the injury of underage students from the protection of guardians;

(twelve) other circumstances in which the school fails to perform its duties according to law.

Article 10

The guardian of a student or minor student shall bear corresponding responsibilities in accordance with the law in any of the following circumstances due to his fault:

(1) Students violate laws and regulations, social public codes of conduct, school rules and regulations or disciplines, and carry out behaviors that should be known to be dangerous or possibly harmful to others according to their age and cognitive ability;

(two) the behavior of students is dangerous, and the school and teachers have warned and corrected it, but the students do not listen to dissuasion and refuse to correct it;

(3) The student or his guardian knows that the student has a special physique or suffers from a specific disease, but fails to inform the school;

(4) The guardian knows or has been informed by the school that the minor student's physical condition, behavior and mood are abnormal, but fails to perform the corresponding guardianship duties;

(five) the guardian of the student or minor student has other faults.

Article 11

If the school arranges students to participate in activities, and the student injury accident is caused by the fault of the operator or the organizer of off-campus activities who provides venues, equipment, transportation, food and other consumption and services, the party at fault shall bear corresponding responsibilities according to law.

Article 12

The school has fulfilled its responsibility for the student injury accident caused by one of the following circumstances, and there is no misconduct and no legal responsibility:

(a) caused by irresistible natural factors such as earthquakes, lightning strikes, typhoons and floods;

(two) caused by sudden and accidental infringement from outside the school;

(3) Students have special physique, specific diseases or abnormal mental state, which the school does not know or is difficult to know;

(4) Students commit suicide or self-injury;

(5) Accidental injuries in antagonistic or dangerous sports competitions;

(six) caused by other unexpected factors.

Article 13

The school will not be held responsible for accidents that cause personal injury to students under the following circumstances, as long as the school's behavior is not improper; The identification of accident liability is based on relevant laws and regulations or other relevant provisions:

(1) Occurred on the way for students to go to school, leave school, return to school or leave school;

(two) occurred during the period of students going out or leaving school without authorization;

(three) after school, holidays or holidays and other school working hours, students stay in school or go to school by themselves;

(four) other occurred outside the scope of school management responsibilities.

Article 14

If a school teacher or other staff member causes personal injury to a student due to personal behavior unrelated to his/her position, or because of illegal and criminal acts intentionally committed by students, teachers and other individuals, the offender shall bear corresponding responsibilities according to law.

Chapter III Accident Handling Procedures

Article 15

In the event of a student injury accident, the school shall promptly rescue the injured student and notify the guardian of the minor student in time; Conditional, should take emergency rescue and other ways to help.

Article 16

In the event of a serious student injury accident, the school shall promptly report to the competent education administrative department and relevant departments; When a major casualty accident occurs, the education administrative department shall report to the people's government at the same level and the education administrative department at the next higher level in a timely manner in accordance with relevant regulations.

Article 17

The education administrative department in charge of the school may, at the request of the school or as deemed necessary, guide and assist the school to deal with accidents and restore the normal education and teaching order of the school as soon as possible.

Article 18

In the event of a student injury accident, the school and the injured student or the parents of the student can negotiate to solve it; Both parties may voluntarily request the competent education administrative department for mediation in writing.

The guardians of adult students or minor students may also bring a lawsuit directly according to law.

Article 19

After receiving the application for mediation, the administrative department of education may designate a special person to mediate if it deems it necessary, and shall complete the mediation within 60 days from the date of accepting the application.

Article 20

After mediation by the administrative department of education, the two sides reach an agreement on the handling of the accident, and shall sign a mediation agreement under the witness of the mediator to end the mediation; If both parties fail to reach an agreement during the mediation, or if one party brings a lawsuit during the mediation and the people's court has accepted it, the mediation shall be terminated.

When 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 renege on the agreement reached through mediation, both parties may bring a lawsuit according to law.

Article 22

After the accident treatment, the school shall report the accident treatment results in writing to the competent education administrative department; The administrative department of education in charge of the school shall report the results of handling heavy casualties to the people's government at the same level and 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 corresponding 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 the relevant administrative regulations, local regulations or the relevant provisions in the judicial interpretation of the Supreme People's Court.

When the administrative department of education conducts mediation, if it thinks that the school is responsible, it may put forward corresponding mediation schemes in accordance with relevant laws and regulations and relevant provisions of the state.

Article 25

If there is any dispute about the degree of disability of injured students, they may entrust local hospitals or relevant institutions with corresponding appraisal qualifications to conduct appraisal in accordance with the national standards for human disability.

Article 26

If the school is responsible for the student injury accident, it will make appropriate economic compensation according to the size of the responsibility, but it will not undertake other matters that are not directly related to helping the injured students and compensating the corresponding economic losses, such as household registration, housing and employment.

If the school has no responsibility, it can give appropriate help to the injured students according to the actual situation and on the principle of voluntariness and possibility.

Article 27

If a student injury accident is caused by the intentional or gross negligence of a school teacher or other staff in performing their duties, the school may recover compensation from the relevant responsible personnel after making compensation.

Article 28

If a minor student is responsible for a student injury accident, his guardian shall bear the corresponding liability for compensation according to law.

If a student's behavior infringes on the legitimate rights and interests of school teachers and other staff members as well as other organizations and individuals, causing losses, the guardian of an adult student or a minor student shall compensate according to law.

Article 29

According to the agreement reached by both parties, the agreement reached through mediation or the effective judgment of the people's court, the school is responsible for raising the compensation that should be borne by the school; If the school is unable to raise funds in full, the competent department of the school or the sponsor shall assist in raising funds.

Article 30

The education administrative department of the people's government at or above the county level or the school sponsor may raise damages according to law by setting up a student injury compensation reserve.

Article 31

If the school has the conditions, it shall participate in school liability insurance in accordance with the relevant provisions of the Insurance Law.

The administrative department of education may, according to the actual situation, encourage primary and secondary schools to participate in school liability insurance.

Encourage students to voluntarily participate in accident insurance. On the premise of respecting students' wishes, schools can create convenient conditions for students to participate in accidental injury insurance, but they may not charge any fees.

Chapter V Handling of Persons Responsible for Accidents

Article 32

If a student injury accident occurs and the school is responsible and the circumstances are serious, the education administrative department shall, in accordance with the relevant provisions, give corresponding administrative sanctions to the directly responsible person in charge and other directly responsible personnel of the school; If the behavior of the responsible person violates the criminal law, it shall be transferred to judicial organs for criminal responsibility according to law.

Article 33

School management confusion, there are major security risks, by the competent administrative department of education or other relevant departments shall be ordered to make rectification within a time limit; If the circumstances are serious or refuse to correct, corresponding administrative punishment shall be given according to the relevant provisions of laws and regulations.

Article 34

If the education administrative department fails to perform the corresponding duties and is responsible for the occurrence of student injury accidents, the relevant departments shall give corresponding administrative sanctions to the directly responsible person in charge and other directly responsible personnel respectively; If the behavior of the responsible person violates the criminal law, it shall be transferred to judicial organs for criminal responsibility according to law.

Article 35

Students who violate school discipline and are responsible for causing student injury accidents may be punished accordingly by the school; Those who violate the criminal law shall be investigated for criminal responsibility by judicial organs according to law.

Article 36

If the guardians, relatives or other relevant personnel of the injured students make trouble without reason in the process of handling the accident, disturb the normal education and teaching order of the school and infringe on the legitimate rights and interests of the school, school teachers or other staff, the school shall report to the public security organ for handling according to law; If losses are caused, you may claim compensation according to law.

Chapter VI Rules

Article 37

The term "school" as mentioned in these Measures refers to full-time primary and secondary schools (including special education schools), various secondary vocational schools and institutions of higher learning organized by the state or social forces.

The term "students" as mentioned in these Measures refers to students who receive full-time education in the above-mentioned schools.

Article 38

Infant injury accidents in kindergartens shall be handled with reference to these measures according to the characteristics of children who have completely lost their ability to work.

Article 39

Student injury accidents in other educational institutions shall be handled with reference to these measures.

Injury accidents of other educatees registered within the scope of school management shall be handled with reference to these measures.

Article 40

These Measures shall be implemented as of September 6, 2002. Where the provisions on the handling of students' personal safety accidents promulgated by the former State Education Commission and the Ministry of Education are inconsistent with these measures, these measures shall prevail.

Before the implementation of these measures, the student injury accidents that have been handled will not be re-handled.