First, the school responsibility accident
The school's liability accident refers to the school's failure to fulfill its obligations of education, management and protection for underage students at school because of its fault, and the school should be liable for compensation for the accident. In the process of educating and managing students, it is common for teachers and school staff to take other improper ways to cause personal injury to students, which can be manifested as personal injury caused by school objects or failure of schools to fulfill their statutory education, management and obligations. School accidents can be divided into intentional accidents and negligent accidents according to the fault of the school.
(A) the existence of intentional campus injury accidents in schools
1. The campus injury accident directly and intentionally caused by the school.
Direct intention refers to the subjective psychological attitude of the actor who knows that his behavior will have a harmful result to society, but hopes that the result will happen. Most of these accidents are caused by personal injuries caused by school personnel (such as corporal punishment that harms students' physical and mental health). 1999165438+1October 10, a student in class 6, Grade 2, a primary school in Jilin City, Jilin Province, had an argument with a female classmate Ni. Hu threatened Ni with a broken soda bottle, and the class teacher Miao Moumou hit Hu's face many times when dealing with this matter. When Miao Moumou slapped Hu's last slap, nonsense could not be heard. After identification, the traumatic perforation of the eardrum in Hu's right ear was a minor injury. Miao Moumou was sentenced to 1 year control by the court for intentional injury.
2. Campus injury accidents caused by the school indirectly and intentionally.
Indirect intention refers to the subjective psychological attitude of the actor who knows that his behavior will produce harmful results to society, but lets such results happen. Most of these accidents are caused by school personnel's laissez-faire attitude towards behaviors that endanger students' physical and mental health. 1In April, 1999, Songjiahe Central Primary School in Caihua Township, Yichang City, Hubei Province decided to build a fence. Due to the lack of funds, the headmaster Jane hired Chen Mou, a farmer without architectural knowledge in the village, to organize the construction without applying for design drawings from the construction department. Because the fence structure does not meet the national technical standards, cracks appeared on June 3 and tilted towards the school under the extrusion of external sand and gravel. Since then, Jane and Chen Mou have simply dealt with it, and continued the construction after building cement columns to reinforce the cracks. 1June, 1999 14 at 3pm, when students in this school were leveling the playground inside the fence that had not been delivered for use, the fence suddenly collapsed, killing 4 people on the spot, seriously injuring 3 people, slightly injuring 16 people and slightly injuring 14 people. Hou Jian and Chen Mou were both sentenced to five years' imprisonment by the court for the crime of major engineering safety accidents.
(two) the school has a negligent campus injury accident.
Among the campus injury accidents in which the school is at fault, the fault of the school is mostly "negligence" and less "intentional". For school accidents caused by the school's negligence or overconfidence, the school bears the responsibility of negligence in education, management and protection.
1. Injury accidents caused by potential safety hazards in school buildings or school affiliated facilities.
According to relevant reports, the area of dangerous buildings in primary and secondary schools in China130,000 square meters has become a major safety hazard. There are hidden dangers in school buildings, and school leaders and other directly responsible personnel are negligent in management, so the personal safety of students is vulnerable to infringement.
On the afternoon of June 5438+1October1/KLOC-0, 2000, Zheng, a student of Houheng Primary School in Yueqing, Wenzhou, Zhejiang Province, accidentally fell down while playing with his classmates in the corridor outside the classroom on the second floor of the school. Father Zheng took the school to court as the legal representative. Yueqing City People's Court held that the height of the external railing of the primary school teaching building was 92 cm and the width of the passage was 137 cm, which did not meet the standards stipulated in the Code for Design of Primary and Secondary Schools, and there were potential safety hazards. At the same time, the school did not stop Zheng and others from playing games on the channel, and there were obvious mistakes in management, which should be mainly responsible for the accident; Zheng is a person with limited capacity for civil conduct. He didn't foresee the danger of his behavior, and he should also bear secondary responsibility. Finally, the school was ordered to compensate Zheng for various losses of 73,000 yuan.
2. Injury accidents caused by hidden dangers of educational and teaching facilities.
School sports equipment, experimental equipment and other educational and teaching facilities have potential safety hazards due to unqualified quality or disrepair, and it is also easy to cause personal injury accidents to students. After school in the afternoon, Liang Xiao, a middle school student in Guangzhou, plays football at school. Liang Xiao jumped up under the goal and hung his hands on the goal crossbar to kick the ball. Unexpectedly, the detachable movable goal frame suddenly fell down, and Liang Xiao hanging on the frame fell to the ground and was hit on the head by the goal frame, resulting in brain fracture and severe craniocerebral injury.
3. The school's negligence in the management of corridors, lighting, heating and other facilities caused damage.
On June 5438+065438+1October 18, 2000, the Ministry of Education issued an urgent notice saying that from mid-September 2000 to1mid-October 165438, Jiantou Township Middle School in Xincai County, Zhumadian City, Henan Province, Shenjian Township, Xu Xu County, Henan Province.
4. Injury accidents caused by teachers' classroom management mistakes.
This kind of accident is easy to happen in physical education, experiment, labor and other classes, but also in cultural classes. Xu and Cai are classmates of Wenzhou Primary School in Zhejiang Province. 1998 65438+February 17 In the second class in the afternoon, Xu and Cai were doing little tricks with each other, but the headmaster Pan didn't stop them. Cai, sitting in the first row, turned and threw the ballpoint pen at Xu, hitting Xu's right eye. Xu's deskmate immediately reported to Pan. After Pan asked about the situation, he only asked both sides to observe classroom discipline and didn't understand Xu's injury. After class, Xu's mother, who is a substitute at school, sent Xu to the hospital for treatment. After identification, Xu's right eye was perforated and his vision dropped to O.3, which was 10 disability. The court held that the school was obviously at fault in classroom management and failed to take appropriate measures in time, so it decided that the school should bear 30% (i.e. 16 930 yuan) of the liability for damages.
5. Injury accidents caused by the school's neglect of management of students' free activities during recess.
1996 may 12, a primary school in dongguan city, Guangdong province, during the break, fifth-grade students Liao and Zhang chased games. Seeing that Zhang was about to catch up, Liao ran to the reading room and smashed the glass door of the reading room. Liao's left hand and arm were scratched by glass, the ligament of his left index finger was cut, and the index finger function was lost. The court held that it was the fault of education management that students chased and roughed up for a long time and the school did not stop it.
6. Campus injury accidents caused by the management negligence of the school in organizing large-scale activities or outdoor activities.
In large-scale activities such as sports meetings and cultural performances organized by the school, due to improper organization and management, malignant injury accidents such as balloon explosion and student trampling emerge one after another; In the outdoor activities such as spring outing, autumn outing and visit organized by the school, due to improper organization and management, accidents such as capsizing, capsizing and falling off a cliff are prone to occur, and sometimes dozens of people are even seriously injured. At 4 pm on May 28th, 2000, a van full of middle school students in Jiaxian County, northern Shaanxi Province fell off a cliff due to serious overload, and 23 people died on the spot. Two others died during the rescue, and most of the other students were seriously injured.
7. Injury accidents caused by management negligence of school doorman safety, medical and health care, canteen hygiene, etc.
On March 14, 2000, Xiaoying, a 5-year-old female student in Chongqing Guanyinqiao Middle School/KLOC-0, was retaliated for reporting a group of social youths' bullying and violence, and was cut 64 times on the arm by gangsters with watermelon knives in the school teaching building.
On April 27th, 2000, primary schools in Wuxianyan Village, Tonggushan Village, Pujiahao Village and some kindergartens in Xinxi Township, Yangxi District, Shehong County, Sichuan Province privately organized children to inject meningococcal polysaccharide vaccine. Since then, hundreds of children have developed symptoms such as nausea, vomiting, dizziness, fatigue, high fever and abdominal pain, and many children have died.
1April 999 15, a serious student food poisoning incident occurred in Liye Branch of Junior Middle School in Shancun Town, Jiande, Zhejiang Province. Ye, a junior two student, died of poisoning, and some students were not life-threatening, but their bodies, bodies and health were damaged to varying degrees.
It should be noted that campus injury accidents at school are likely to have a greater negative impact on society. For this kind of accident, the school should bear the corresponding criminal, administrative and civil legal responsibilities. The criminal, administrative and civil legal responsibilities of school-related responsible persons are also relatively easy to determine. Of course, this kind of accident can be completely prevented and avoided in practice. Therefore, we should deeply study the school accidents at fault, strengthen prevention, and strive to create a safe, orderly, healthy and harmonious education and teaching environment.
Second, students and their guardians are responsible for the accident.
The liability accident of students and their guardians refers to the campus injury accident, which is not the fault of the school, but the fault or fault of the students themselves, or the injury caused by the guardian's failure to fulfill his guardianship responsibility, and should be borne by himself. According to the students' own situation, there are probably the following reasons for such accidents: fighting, such as fighting between students, causing one party to be killed or injured; Strong self-esteem and poor psychological endurance, such as students who think they are ashamed to see people and take poison after being criticized by teachers; Students have special physique or diseases, such as sudden emergencies and life-threatening accidents during their studies at school; Lack of safety awareness and poor preventive ability, such as students violating school laws and regulations, engaging in campus injury accidents caused by dangerous behaviors or games, etc. The occurrence of such accidents mostly stems from the victim's lack of ability to identify and control his own behavior, defects in moral quality and psychological quality, and weak awareness of safety precautions. After this kind of accident, the education and teaching order of the school is often impacted to a greater extent. If the responsibility for the accident is unclear, it is difficult for the relatives of the victims to accept the facts. By strengthening education reform, ideological and moral education, mental health education and students' safety education, such accidents can be prevented to a great extent.
Third, the third party liability accident
Third-party liability accident refers to the occurrence of campus injury accidents, which are neither caused by the fault of the school nor the wrong behavior of the injured students themselves, and should be borne by the third party. Its characteristic is that the actor is a third person outside the school. This third person can be other underage students and teachers in the school, or other people outside the school. In the current campus injury cases, such cases are the most common. In this case, it is easy to be confused with the first one. It is because of education, management and protection that the teachers in the school have not harmed the students. For example, Li, a middle school student in Beijing, was kicked by a teacher during recess, thus suing the school for personal injury compensation. According to the theory of legal person in civil law, playing football between classes is not an act of performing duties and cannot reflect the will of legal person. Therefore, the teacher kicked a student in the process of playing football, which can only be regarded as the teacher's personal behavior. When a student is hurt, the perpetrator should be the teacher himself, not the school. This is an important difference between teachers and workers in schools when they perform their duties and when they don't. This distinction is of great significance to the application of the law and even the responsibility. The perpetrators are other students, such as: a middle school student Li played with Sun at school after school, and Li accidentally injured Sun's eyes. For example, at about 9: 30 am on May 8, 2006, Bai Ningyang, a 9-year-old villager from Shiguan Village, Heluo Town, gongyi city City, Henan Province, broke into a kindergarten classroom in Shiguan Village, Heluo Town, gongyi city with two plastic buckets filled with gasoline. There were 2 1 children in the classroom at that time. After locking the classroom door, Ningyang spilled gasoline on several children and the classroom floor, and then lit the spilled gasoline with a lighter. Suddenly, the whole classroom caught fire, two children were burned to death on the spot, and another 14 children and 1 teacher were burned to death.
Four, the victim, the third party and the anchor * * * accident.
The campus injury accident caused by the same fault of the victim and the third party is called "mixed fault" in civil law. Such accidents account for a large proportion of campus injury accidents. The victim and the third party shall bear corresponding legal responsibilities according to the size of the fault. On March/0/6, 2000, a junior two student under the age of/0/4 in Nanhua County, weichu, Yunnan Province, had an argument with his classmates in class and threw a hoe at his classmates' heads, resulting in an intracranial hematoma and died after being rescued by the hospital. In this case, the victim was slightly at fault because of the dispute with the offender, but the offender was the main fault party and should bear the absolute main responsibility.