At present, the state has not promulgated a special School Safety Law. Does the promulgation of Regulations on School Safety Management in Guangzhou mean that Guangzhou leads the whole country in school safety legislation? What is the significance of its introduction?
Interpretation: At present, the country has not issued a special school safety law. Many NPC deputies have repeatedly asked the state to formulate a special school safety law at NPC meetings, but for various reasons, it has not yet been promulgated. Due to the urgent need of school safety management, in recent years, some provinces and cities have also explored this aspect and issued local laws and government regulations. For example, Liaoning, Yunnan, Hebei, Shenzhen, Ningbo and other places have issued special regulations on school safety management. Guangzhou's new regulations on school safety management have absorbed the legislative experience of the above provinces and cities, and combined with the actual needs of Guangzhou, they have tried first in the provisions and contents of school food safety and noise prevention. It can also be said that Guangzhou is ahead of the whole country in school safety legislation.
It is of great practical significance for Guangzhou to issue this regulation in the form of government regulations. It is of great significance to further strengthen school safety management, actively prevent and control the occurrence of campus safety accidents, standardize the handling of campus safety accidents, establish an effective and feasible school safety management system, further enhance the legal awareness and legal concept of relevant social departments and educators, clarify the responsibilities of the government, government functional departments and schools in ensuring school safety, stabilize the school teaching order in Guangzhou, and promote the educational development and social stability in Guangzhou.
Interpretation of Guangzhou School Safety Management Regulations (Trial) Part II: Four Highlights of the Regulations
What are the characteristics or characteristics of the newly promulgated regulations?
Interpretation: Its characteristics are mainly reflected in four aspects.
First, comprehensive. The Regulations basically cover all aspects of school safety management. School safety management, from students going to school to leaving school, from school to the periphery of the school, from government departments to school safety management responsibilities and legal responsibilities. , have carried out comprehensive regulations.
Second, it is targeted. It has been more than four years since the drafting and promulgation of the Regulations. After many investigations and repeated argumentation, the difficult problems of school safety in Guangzhou are mainly solved: first, the responsibilities of government functional departments and schools in ensuring school safety are unclear, and the rights and obligations are unclear; Second, the school safety work lacks funds and personnel protection; Third, the surrounding environment of the school is more complicated and there are many security risks; Fourth, the dispute over compensation after the accident is unclear. In response to these difficulties, the "Regulations" made a clear response.
Third, the times are strong. In addition to the provisions of routine management, the regulations have also added many new provisions required by the times, such as the school bus safety management system from Article 15 to Article 19; Article 20, paragraph 2, of the girls' dormitory safety management system; Article 27 of the network security system; The student safety information notification system in Article 3 1 and the mental health education system in Article 33, etc.
Fourth, it has strong operability. Mainly reflected in: First, the provisions of many articles are more specific; Second, the duties of the subject of obligation are relatively clear; Third, the legal responsibility is clear, which is conducive to implementation. These are conducive to improving the operability of the regulations.
Interpretation of Guangzhou School Safety Management Regulations (Trial) Part III: Scope of application and special requirements of the regulations
What are the special requirements of the Regulations for private schools?
Interpretation: Article 2 of the Regulations states that the scope of application of the Regulations is "the safety management of kindergartens, ordinary primary and secondary schools, various secondary vocational schools (including technical schools) and special education schools within the administrative area of this Municipality", and Article 44 also states that "the safety management of approved educational institutions and other training institutions shall be implemented with reference to these Regulations". Because the contents and requirements of school safety management are common, there will be no obvious differences because it is public or private, vocational schools or kindergartens, ordinary primary and secondary schools or special education schools. In addition, this provision excludes institutions of higher learning from the scope of application, mainly because the management subjects, management objects and management methods of institutions of higher learning are different from those of primary and secondary schools and kindergartens.
Compared with public schools, school safety in Guangzhou is more prominent in private schools. In order to ensure the implementation of the regulations, the regulations distinguish between private schools and public schools in terms of legal liability in Article 4 1. In addition, in view of the lack of funds in private schools, the problem of accidental injury of students may be more prominent than that in public schools. Article 4 stipulates that "school organizers should guarantee school safety funds and include school safety funds in the annual education budget to ensure the normal operation of school safety work." The school organizers here include public school organizers and private school organizers. Among them, the organizers of public schools refer to the people's governments at all levels and relevant administrative departments that invest in the establishment of schools by means of government financial allocation. The sponsor of a private school refers to a social organization or individual other than a state institution who uses non-state financial funds to organize schools for the society.
Interpretation of Guangzhou School Safety Management Regulations (Trial) (4): Open the school gate ahead of time to reduce students' detention outside the school.
At present, some primary and secondary schools stipulate that students are only allowed to enter the school half an hour before class in the morning and afternoon, which may cause some security problems. In this regard, what are the countermeasures of the regulations?
Interpretation: First, as a special place for educating people, schools should be student-oriented and first consider the actual needs of students' safety. In some primary and secondary schools, students are only allowed to enter the school half an hour before class in the morning and afternoon, which may make the students who arrive early unable to enter the school and have to stay in the street. This will easily cause students to fight and chase each other, which will lead to contradictions, fights and traffic dangers; Some lawless elements also take the opportunity to rob and extort money, which can easily cause personal injury and loss to students. According to statistics, the proportion of accidents outside school is much higher than that inside school. In order to solve this problem, the "Regulations" clearly stipulates in the third paragraph of Article 11 of the doorman system, except for a few cases (namely: 1. Statutory holidays; 2 municipal education administrative departments to make epidemic prevention, safety and other arrangements; 3. Other circumstances stipulated by laws, regulations and rules), during the period from 7: 00 to 18: 00, the school shall allow its students to stay or enter the school.
The second is to take into account the management needs of the school at the same time. Outside the time period of 7:00- 18:00, it is a non-educational teaching time period. In order to ensure that students abide by the relevant regulations of the school after entering school and not affect others' study and rest, the fourth paragraph of this article further stipulates that students should abide by the relevant management regulations when staying in school or entering school during non-education and teaching. The specific administrative measures shall be formulated separately by the municipal education administrative department.
Interpretation of Guangzhou School Safety Management Regulations (Trial) (V): Overall Standardization of School Bus Safety
What are the new school bus regulations that citizens care about?
The newly promulgated "Regulations" has an important task, which is to solve the hot and difficult problems in the current campus safety management. The school bus problem is both a hot issue and a difficult one.
In recent years, with the large increase of school buses in primary and secondary schools and kindergartens, all kinds of safety accidents related to school buses have also increased significantly. There are still many loopholes in school bus safety management in some places and schools, and school bus safety management needs to be further strengthened and standardized. In this regard, the "Regulations" refer to the "School Bus Safety Regulations" drafted by the the State Council Legislative Affairs Office (draft for comments), and combine with the actual situation in Guangzhou. Articles 15, 16, 17 and 18 specify the responsibilities that the administrative departments, schools, school bus drivers and full-time school bus attendants should perform for school bus safety. In order to ensure the implementation of the provisions and urge the relevant subjects to fulfill their due obligations, the Provisions specifically define the corresponding legal responsibilities in Articles 39, 40, 4 1, 42 and 43.
Interpretation of Guangzhou School Safety Management Regulations (Trial) (ⅵ): Campus Surrounding Environment Safety
What measures have been taken by the newly promulgated regulations to rectify the complex environment around the school and unlicensed mobile stalls?
Interpretation: The renovation of the surrounding environment of the campus involves the responsibilities of many government departments. The municipal party committee and municipal government have been paying close attention to this issue and have carried out many special rectification activities. The newly promulgated "Regulations" absorbed the experience of these activities and determined some effective practices in the form of legislation. For example, the "coordination mechanism" stipulated in Article 6 requires that "the municipal, district and county-level municipal education administrative departments should establish a coordination mechanism with the departments of human resources and social security, public security, transportation, urban management, industry and commerce, health, food and drug supervision, safety supervision, environmental protection, judicial administration, construction, land, quality supervision, culture, press and publication at the same level, and regularly study and solve school safety problems to ensure school safety." On the basis of establishing a coordination mechanism, articles 12, 13, and 14 specify outstanding issues in public security, urban management, construction, safety supervision, industry and commerce, planning, transportation, health, environmental protection, culture, press and publication, etc. Public security management and patrol prevention and control around the school, law enforcement inspection of planning and construction projects around the school, management and supervision of business service places, road traffic warning equipment, traffic safety to and from school, noise prevention and control, etc.
At the same time, it should also be noted that the construction of the surrounding environment of a safe campus needs the support and participation of the public, and schools and parents need to strengthen safety education for students.
Interpretation of Guangzhou School Safety Management Regulations (Trial) (VII): Safety of extracurricular activities on campus
Now many schools have cancelled many extracurricular activities for fear of accidents, and some even stipulate that students are not allowed to walk after class. In this regard, how does the regulation solve this problem?
Interpretation: It is a dilemma to realize that schools hold extracurricular activities. On the one hand, schools should carry out activities, because it is conducive to promoting students' physical and mental health development and embodies the requirements of quality education; On the other hand, as long as students engage in extracurricular activities, there may be disputes arising from the handling of injuries and accidents, especially because some parents interfere with the normal teaching order of schools because the compensation or compensation amount has not been reached, which makes many schools very headache. In this regard, on the one hand, the "Regulations" regulate school teaching activities and extracurricular activities through Articles 24, 25, 26 and 32 to strengthen safety education for students and prevent accidents; On the other hand, after the accident, take some remedial and safeguard measures, such as providing the school with the liability insurance in Article 38, encouraging students to voluntarily buy accident insurance to solve the compensation problem caused by the injury; Through the provisions of Article 37, in the process of handling school safety accidents, relevant government departments and schools should cooperate with each other and take necessary measures to strengthen school safety and security.
In short, it is the common responsibility of the whole society to protect the healthy growth of students' body and mind, and it is also the purpose of our Regulations.
Measures to fully implement the Regulations of Guangzhou Municipality on School Safety Management (Trial)
After the promulgation of the Regulations on School Safety Management in Guangzhou, how will the Regulations be implemented to make it really play its role?
The "Regulations" have been promulgated and there is still a lot of work to be done. First of all, we should strengthen publicity and learning through media, lectures, training, learning and other channels. Secondly, we should strengthen implementation. According to the requirements of the "Regulations", we will refine the relevant supporting systems in school safety management, strengthen the guidance in the implementation of the "Regulations" and provide implementation guidance. On this basis, carry out inspections on the implementation of various urban areas to ensure that the requirements of the regulations are implemented. Third, further improve laws and regulations. In view of the problems existing in the implementation of the regulations, on the basis of extensive investigation and legislative evaluation, the contents of the regulations are constantly supplemented and revised.