What kind of responsibility the school should bear when students are injured or killed in school depends first on the legal relationship between students and the school.
Article 7 of the Measures for Handling Student Injury Accidents issued by the Ministry of Education stipulates: "Parents or other guardians of underage students shall perform their guardianship duties according to law and cooperate with schools to educate, manage and protect students. The school does not undertake guardianship duties for underage students, except that the law stipulates or the school accepts the entrustment to undertake the corresponding guardianship duties according to law. "
Article 38 of the Tort Liability Law stipulates: "If a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the responsibility, but those who can prove that they have fulfilled their educational management duties shall not bear the responsibility." Article 39 stipulates: "If a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, and the school or other educational institution fails to perform its educational management duties, he shall bear the responsibility." The Supreme People's Court's interpretation of compensation for personal injury has similar provisions.
It can be seen that whether the school is responsible for the injury accidents of students during their school days depends on whether the school has fulfilled its obligations of education and management; Schools that have fulfilled their educational management responsibilities can be exempted; Those who fail to fulfill their education and management responsibilities shall bear corresponding civil liabilities.
Although the Tort Liability Law and the Interpretation of the Supreme People's Court on Personal Injury Compensation do not stipulate that schools should be responsible for the damages suffered by adult students during their study and life at school, the third paragraph of Article 29 of the Education Law stipulates: "Schools and other educational institutions shall perform the following obligations: safeguard the legitimate rights and interests of educatees, teachers and other employees." Article 5 of the Measures for Handling Students' Injury Accidents stipulates: "Schools should provide 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 students' age, cognitive ability and legal capacity when conducting safety education, management and protection for students. "
It can be seen that the school still has certain responsibilities of safety education, management and protection for adult students. If the school fails to fulfill its education, management and protection responsibilities for adult students, it also needs to bear corresponding civil responsibilities.
If a student without civil capacity is damaged, the school shall bear the burden of proof.
According to the provisions of Article 38 of the Tort Liability Law, the responsibility of the school for people without civil capacity during their study and life at school is strict. As long as a person without civil capacity suffers personal injury during his study and life at school, the school should bear the responsibility; If the school can't prove that it has fulfilled its educational management obligations, it can't be exempted.
According to the provisions of article 39, the responsibility of the school for people with limited capacity during their study and life at school is fault liability. For the personal injury suffered by people with limited capacity during their study and life in school, the school fails to fulfill its educational management obligations, that is, it can be determined that the school is at fault and the school must bear corresponding civil liability.
In the personal injury of a person without civil capacity, the injured student does not have to bear the burden of proof for the school's failure to fulfill its educational management responsibility, but the school must bear the burden of proof for itself, otherwise the law presumes that the school has not fulfilled its educational management responsibility. In the case of personal injury to a person with limited capacity for civil conduct, the injured student must bear certain burden of proof for the school's failure to fulfill its educational management responsibilities and the causal relationship between the school's failure to fulfill its educational management responsibilities and the injury results. It can be seen that in law, schools have stricter educational management responsibilities for students without civil capacity than students with limited capacity.
The legal standard to judge whether the school has fulfilled its responsibilities.
In this case, does the school fulfill the responsibility of education management and must bear the corresponding responsibility? What is the standard to judge whether the school has fulfilled its educational management responsibility?
Article 12 of the Measures for Handling Student Injury Accidents issued by the Ministry of Education stipulates: "The school has fulfilled its corresponding responsibilities for student injury accidents caused by one of the following circumstances, and there is no misconduct and no legal responsibility: …… (3) The students have special physique, special diseases or abnormal mental state, which the school does not know or is difficult to know; (4) Students commit suicide or self-injury; " Article 9, paragraph 8, stipulates that the school shall bear the corresponding responsibility for student injury accidents caused by the following circumstances: the school found that students were suddenly ill or injured during their school days, and failed to take corresponding measures in time according to the actual situation, resulting in aggravated adverse consequences.