According to the Interim Provisions on the Management of the Campus Environment of Primary and Secondary Schools, Article 16 of the Compulsory Education Law, Article 16 of the Law on the Protection of Minors and Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to Trial of Cases of Compensation for Personal Injury, the elementary school in this case rented out a piece of school premises to a transportation company. A site rented to the transportation company belongs to the act of encroachment on the school site, but also the act of putting the personal safety of students in danger.
The school grounds are an important place for students to play games and engage in physical activities, and the school must ensure the safety of this place. The school director is at fault for renting out a piece of the school grounds for use as a parking lot, in violation of the relevant laws and regulations. Article 16 of the Compulsory Education Law states: "No organization or individual may appropriate, withhold or misappropriate education funds, disturb the teaching order, or appropriate or destroy school grounds, buildings or equipment. It is prohibited to insult or beat teachers or to inflict corporal punishment on students. Religion may not be utilized for activities that impede the implementation of compulsory education. Those who violate the provisions of the first and second paragraphs shall, depending on the circumstances, be given administrative sanctions and administrative penalties; if they cause damage, they shall be ordered to pay compensation for the damage; if the circumstances are serious enough to constitute a crime, they shall be investigated for criminal responsibility according to law." In this case, the principal of the elementary school was responsible for the unauthorized rental of the school premises, which impeded the implementation of compulsory education and caused the accident in which the student was killed by a car. The principal, although subjectively negligent, was not the direct cause of the accident. The accident was totally unexpected for the school principal, who should bear the responsibility of being at fault for his work and should be given appropriate administrative sanctions. At the same time, the school should bear the responsibility of compensation to the students.
The driver of the car in this case and his unit signed a contract with the elementary school, specifically stated "to pay attention to safety" requirements. According to China's relevant traffic safety management regulations, the driver of the car in the campus reversing, should be arranged in the car behind the car to guide, he should pay attention to observation, and the driver gullible car no one, out of negligence, resulting in the death of a student Wangmou consequences. The driver should be fully responsible for this. According to the "Criminal Law", "General Principles of Civil Law" and other relevant provisions, by the judicial organs of the driver should be investigated for criminal responsibility, at the same time should be given by the perpetrator of the unit of the deceased's family certain compensation.
As the school and the transportation company are at fault for the accident, they should bear *** the same tort liability. According to the "General Principles of Civil Law" Article 106, paragraph 2 provides: "Citizens, legal persons due to fault infringement of the state, collective property, infringement of other people's property, personal, shall bear civil liability." Article 119 states: "Where injury is caused by infringement on a citizen's body, compensation shall be paid for medical expenses, reduced income due to lost work, and living allowances for the disabled; where death results, and funeral expenses and necessary living expenses for those who were supported by the deceased during his lifetime shall also be paid." Therefore, the school and the transportation company **** should be ordered to compensate for the loss of Wang's death.