The term "primary and secondary schools" as mentioned in these Regulations refers to full-time primary schools, junior high schools, senior high schools, secondary specialized schools, secondary vocational schools, secondary technical schools and other educational and teaching institutions below the secondary level approved by the administrative department of education.
The education and teaching activities mentioned in these Regulations refer to the education and teaching carried out by the school and the activities organized by the school inside and outside the school.
The term "personal injury" as mentioned in these Regulations refers to physical disability, organ dysfunction and other injuries that affect personal health or deaths caused by injuries of primary and secondary school students. Article 4 The education administrative department of the people's government at or above the county level shall be responsible for the prevention, treatment, supervision and management of personal injury accidents in primary and secondary schools.
Public security, culture, health, industry and commerce, transportation, environmental protection, urban management, quality supervision and other administrative departments. Should be in accordance with their duties, cooperate to do a good job in the prevention and treatment of injury accidents of primary and secondary school students. Chapter II Accident Prevention Article 5 Schools shall do the following safety precautions:
(a) the implementation of the safety responsibility system, strict safety system, establish and improve the safety education management system;
(2) The facilities and equipment used and the articles for study and daily use provided meet the hygiene and safety standards;
(three) equipped with necessary fire fighting equipment, keep the safe passage open;
(four) to set up a special person to be responsible for the management of students living on campus;
(five) faculty and staff suffering from diseases that are not suitable for education, teaching and life services shall not arrange related work;
(six) prohibit students from gambling, drinking, fighting and other acts. Article 6 Schools, students, guardians of minor students and relevant units or individuals shall cooperate with each other, exchange information and do a good job in accident prevention:
(a) the school shall perform the duties of safety education, management and protection of students in school to prevent students from personal injury accidents;
(two) students should obey the school management, abide by the school discipline and rules and regulations, establish a safety concept, improve self-help ability;
(3) Guardians of minor students shall perform their guardianship duties and cooperate with the school to educate, manage and protect the ward;
(four) the places, facilities and equipment provided by units and individuals for the school to carry out education and teaching activities must meet the complete standards. Seventh public security, urban management, culture, health, transportation and other relevant administrative departments should rectify the surrounding environment of the school, maintain the order of education and teaching, and prevent infringement on students. Eighth education administrative departments at or above the county level shall organize schools to buy school liability insurance. The insurance premium is borne by the school organizer.
Students are encouraged to voluntarily participate in accident insurance, and the school stays in school to organize students to participate in accident insurance activities, but no fees are allowed.
Establish a supplementary fund for student injury accident compensation to supplement the lack of school liability insurance compensation for school safety accidents. The raising and use of funds shall be stipulated by the Municipal People's Government. Chapter III Division of Responsibilities Article 9 If a student is injured, the person at fault shall be liable for compensation:
(1) If the fault of the school causes injury to students, the school shall be liable for compensation;
(two) the school shall be liable for compensation if the teaching staff perform their educational duties and perform the tasks of the school improperly;
(3) If the students are damaged due to the fault of the third party, the third party shall be liable for compensation;
(4) If other students are damaged due to the fault of the students and their guardians, the students and their guardians shall be liable for compensation;
(five) the school, the third party, the injured students and their guardians are at fault, and each party shall be liable for compensation according to the size of the fault.
Where laws and administrative regulations provide otherwise, such provisions shall prevail. Tenth in any of the following circumstances, the school shall be liable for compensation according to the size of the fault:
(a) the facilities and equipment used by the school do not meet the relevant safety standards and are improperly maintained and managed;
(two) there are omissions in the school's security system, and there are security risks;
(3) The activities organized by the school fail to provide students with safety education and take necessary safety protection measures as required, and there are obvious potential safety hazards or are beyond the general physiological endurance of students;
(four) the school supplies to students, daily necessities, medical supplies and other items do not meet the health and safety standards;
(5) The school fails to take necessary care of students knowing that they have special physique that is not suitable for a certain occasion or activity;
(six) after the students were injured, the school did not take timely rescue measures, resulting in the expansion of the damage;
(seven) underage students leave school without authorization, and the school fails to inform their guardians in time;
(eight) teachers insult, beat, corporal punishment or corporal punishment in disguised form;
(nine) the teaching staff leave their posts or fail to perform their duties, which violates the requirements of teaching work and operating rules;
(10) The school fails to take preventive measures knowing that the teaching staff are suffering from mental illness and other diseases that may cause harm to the personal safety of students.
If the fault of the teaching staff causes injury to the students, the school can recover the compensation from the teaching staff at fault after paying in advance.