Analysis according to law
During students' study and life at school, the school's obligation is to manage and educate students and protect them from personal injury. According to the provisions of the judicial interpretation of the Supreme People's Court, schools, kindergartens or other educational institutions that are legally obligated to educate, manage and protect minors, if they fail to fulfill their relevant obligations within the scope of their duties, causing personal injuries to minors or injuries to others by minors, these institutions shall bear corresponding liability for compensation. Therefore, we believe that the school should bear the fault liability, that is, the civil liability should be determined according to the degree of fault, which should not only provide sufficient relief to the minor victims, but also not affect the normal education and teaching of the school in an orderly manner, so as to effectively safeguard the legitimate rights and interests of both schools and students. According to the provisions of the Ministry of Education's Measures for Handling Student Injury Accidents, schools shall bear corresponding responsibilities in accordance with the law if the following situations cause student injury accidents:
1. The school buildings, venues and other public facilities, as well as the teaching tools, teaching and living facilities and equipment provided by the school for students do not meet the national standards, or there are obvious unsafe factors;
2. There are obvious omissions in the school's security management system, such as public security, fire fighting, facilities and equipment management, or management confusion, and there are major security risks, and measures are not taken in time;
3. The medicines, food and drinking water provided by the school to students do not meet the relevant national or industrial standards and requirements;
4. The school organizes students to participate in education and teaching activities or extracurricular activities, and fails to provide students with corresponding safety education and take necessary safety measures within the foreseeable scope;
5. The school knows that teachers or other staff members suffer from diseases that are not suitable for education and teaching, and fails to take necessary measures;
6. In violation of relevant regulations, the school organizes or arranges underage students to engage in labor, sports or other activities that minors should not participate in;
7. Students with special physique or specific diseases should not participate in some educational and teaching activities. The school knew or should have known, but did not give the necessary attention;
8. Students suffered from sudden illness or injury during their school days, which was discovered by the school, but failed to take corresponding measures in time according to the actual situation, resulting in aggravated adverse consequences;
9. School teachers or other staff members corporal punishment or corporal punishment of students in disguised form in the process of performing their duties, or in violation of work requirements, operating rules, professional ethics or other relevant provisions;
10. During the period of organizing and managing underage students, school teachers or other staff members found that students' behaviors were dangerous, but failed to conduct necessary management, warning or stop them;
1 1. The school found or knew information directly related to the personal safety of minor students, such as leaving school without authorization, but failed to inform the guardian of minor students in time, resulting in minor students being hurt from the guardian's protection;
12. There are other circumstances in which the school fails to perform its duties according to law.
In this case, after Xiaoming and others left school and skipped classes without authorization, the class teacher only took a symbolic look at the school and did not get in touch with Xiaoming's guardian in time. Finally, Xiao Ming was injured without the protection of his guardian, and the school failed to fulfill its corresponding management responsibilities. There was a fault and he should bear the main responsibility. Xiao Ming's guardian also lacks corresponding education for Xiao Ming in peacetime, and should bear some responsibility for failing to fulfill his guardianship duties.
skill
Although in this case, Xiao Ming left the school without authorization and was injured, the school should still bear certain liability for compensation. At first glance, it seems unreasonable. In fact, in law, a child like Xiao Ming is regarded as a person without civil capacity, that is, the law regards him as a person without self-protection and judgment, so parents and schools have an important responsibility to protect minors.
-Quoted from Yanbian People's Publishing House, Master of Law.