2. Schools should provide school buildings, venues, other educational and teaching facilities and living facilities that meet safety standards.
3. The administrative department of education shall strengthen school safety, guide schools to implement measures to prevent student injury accidents, assist schools to properly handle student injury accidents, and maintain normal teaching order in schools.
4. The school shall take corresponding contents and preventive measures for the safety education, management and protection of students according to their age, cognitive ability and legal capacity.
Legal basis:
Measures to deal with student injury accidents
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.
liability for an accident
Article 8
In the event of a student injury accident that causes personal injury to students, the school shall bear the corresponding accident liability in accordance with the provisions of the Tort Liability Law of People's Republic of China (PRC) and relevant laws and regulations.
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, which was discovered or known by the school, but failed to inform the guardian of underage students 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
In the following cases, the school will not be responsible for accidents that cause personal injury to students, 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.
trouble removal
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.