Chapter I General Provisions
Article 1 In order to prevent and deal with personal injury accidents of primary and secondary school students, protect the legitimate rights and interests of primary and secondary school students and schools, and maintain the normal order of education and teaching, these Regulations are formulated in accordance with the Education Law of the People's Republic of China, the Law of People's Republic of China (PRC) on the Protection of Minors and other laws and regulations, combined with the actual situation of this Municipality.
Second primary and secondary school students (hereinafter referred to as students) in the education and teaching activities or within the scope of management responsibility for the prevention and treatment of personal injury accidents (hereinafter referred to as injury accidents), the application of this Ordinance.
Article 3 It is the common responsibility of the people's governments at all levels and their relevant departments, school organizers, schools, students, their parents or other guardians and the society to ensure the personal safety of students and prevent student injury accidents.
Article 4 Schools shall educate, manage and protect students' safety according to law.
Article 5 The principles of legality, objectivity, fairness, reasonableness and appropriateness shall be followed in dealing with student injury accidents, and the facts shall be clear, the nature shall be accurate, the responsibilities shall be clear and timely handled.
Chapter II Prevention of Injury Accidents
Article 6 The administrative department of education and other departments of schools shall strengthen school safety management, establish and improve the working system of school safety management and injury accident prevention, and supervise schools to implement measures to prevent injury accidents.
Article 7 The administrative department of health shall supervise and inspect the hygienic status of food and drinking water and the prevention and control of diseases in schools according to law, and guide schools to improve their hygienic work.
Public security organs shall maintain public order in schools, crack down on illegal and criminal activities that endanger campus safety, and guide and supervise schools to do a good job in school security and fire control.
The relevant administrative departments of industry and commerce, culture, planning, construction and quality supervision shall do a good job in the safety supervision and management of schools within their respective functions and duties.
Article 8 School sponsors shall provide school buildings, venues and other facilities and equipment for education, teaching and living that meet the national and local safety standards.
Ninth schools should strengthen the prevention of student injury accidents, and perform the following duties:
(a) according to the cognitive ability, physical and mental characteristics and civil capacity of students of different ages, students are often given necessary safety education, mental health education, self-protection and self-help knowledge education, so as to enhance students' safety awareness and improve their preventive ability;
(two) to establish and improve the school safety management and injury accident prevention organization and work system, and implement the school safety management and student injury accident prevention measures;
(3) Carry out physical education, experiments and other educational and teaching activities in accordance with the national curriculum standards and the teaching requirements of this Municipality, organize students to participate in collective activities such as labor, practice, investigation and social practice that are suitable for their physiological and psychological characteristics, and take necessary safety measures;
(4) The facilities and equipment for education, teaching and living provided and recommended, as well as other commodities and services related to students' study and life, shall meet the national and local safety and health standards;
(five) to strengthen safety inspection, facilities and equipment with potential safety hazards should be stopped, and timely protective and warning measures should be taken to repair or replace them;
(six) equipped with fire fighting equipment in accordance with the provisions, keep the safe passage unblocked, and strengthen the management of flammable, explosive and toxic substances;
(seven) to strengthen traffic safety education and management, schools for students to arrange transportation must meet the technical standards prescribed by the state, drivers must meet the conditions prescribed by the state;
(eight) the teaching staff suffering from diseases that are not suitable for education, teaching and auxiliary work shall not be arranged to engage in the corresponding work;
(nine) to strengthen the management of school guards and the safety and security of student accommodation areas;
(ten) other duties as prescribed by laws and regulations.
Article 10 School staff shall abide by laws and regulations, professional ethics and work discipline, conscientiously perform their duties, and shall not leave their posts without permission, insult, discriminate, beat, corporal punishment, corporal punishment in disguised form or other acts that harm students, and shall not violate operating rules and other relevant regulations in their work.
Article 11 Students shall abide by the laws, regulations, rules and rules of the school, obey the education and management of the school, and shall not carry articles unrelated to educational and teaching activities that may endanger the personal safety of themselves or others, or engage in activities that endanger their personal safety.
Twelfth students' parents or other guardians shall perform their guardianship duties according to law, strengthen the safety education of students, and cooperate with the school to do a good job in the education, management and protection of students.
Parents or other guardians of students with special physique or special diseases shall inform them in time and provide the school with written certificates of diseases issued by medical institutions at or above the second level.
Thirteenth units and individuals that provide schools and students with facilities and equipment for education, teaching and living, as well as other goods and services related to students' study and life, should improve various security measures. The goods and services provided shall meet the national and local safety and health standards.
Units and individuals engaged in construction, visits or other activities in schools shall abide by the school's safety system, obey the school's safety management, implement various safety measures, and shall not engage in activities that endanger students' personal safety.
Chapter III Liability for Injury Accidents
Fourteenth students' responsibility for injury accidents should be confirmed according to the causal relationship between the behavior of the relevant parties and the consequences of the damage, and according to the principle of fault liability. Where laws and regulations provide otherwise, such provisions shall prevail.
Fifteenth in any of the following circumstances, the school shall bear the corresponding legal responsibility:
(a) the school's safety management system has obvious omissions, or management confusion, there are major security risks;
(two) the school's education, teaching and living facilities and equipment do not meet the national and local safety and health standards;
(three) the school organized education and teaching activities and failed to provide necessary safety education or take necessary safety protection measures for students;
(four) the internship, labor, sports and other activities organized by the school violate the relevant regulations or exceed the general physiological endurance of students;
(five) drugs, food, drinking water, toys, stationery, sports equipment and other items provided and recommended by the school to students do not meet the national and local safety and health standards;
(six) school staff insult, assault, corporal punishment or corporal punishment in disguised form;
(seven) school staff did not perform their duties, absent without leave, or in violation of work requirements and operating rules;
(eight) the school knows or should know that students have special physique and special diseases but fails to give necessary attention or care;
(nine) students in education and teaching activities or within the scope of management responsibility, sudden illness or injury, the school did not take timely rescue measures, resulting in aggravated consequences;
(ten) the school knows that the behavior of students during the education and teaching activities or within the scope of management responsibility is dangerous, but it has not been educated in advance and stopped in time;
(eleven) the school found or knew that the students did not arrive at school or left school without authorization, which was directly related to the personal safety of the students, but failed to inform their parents or other guardians in time and take corresponding measures;
(twelve) the transportation arranged by the school for students does not meet the technical standards prescribed by the state, and the drivers do not meet the conditions prescribed by the state;
(thirteen) the school knows that the staff are suffering from diseases that are not suitable for education, teaching and auxiliary work, but fails to take necessary measures;
(fourteen) other circumstances in which the laws and regulations stipulate that the school should bear legal responsibility.
Sixteenth due to one of the following circumstances caused by student injury accidents, the school does not bear legal responsibility. Where laws and regulations provide otherwise, such provisions shall prevail:
Students go to school, leave school or return to school by themselves after leaving school;
(two) students leave without authorization during the period of education and teaching activities or within the scope of school management responsibility, and the school has fulfilled its management responsibility;
(three) students enter the school without authorization or stay after school during non-educational and teaching activities, and the school management is not improper;
(four) students have special physical fitness, special diseases or abnormal mental state, which the school does not know;
(five) students in education and teaching activities or within the scope of school management responsibility, the school has taken timely rescue measures;
(six) students commit suicide and self-injury for their own reasons, and the school management is not improper;
(seven) caused by force majeure factors;
(eight) other circumstances in which laws and regulations stipulate that schools should not bear legal responsibilities.
If the school is at fault in the circumstances that cause student injury accidents as stipulated in the preceding paragraph, it shall bear corresponding legal responsibilities.
Article 17 If a student injury accident is caused by a staff member's personal behavior unrelated to his position, the offender shall bear corresponding legal responsibilities.
Eighteenth any of the following circumstances caused a student injury accident, students or their parents and other guardians shall bear the corresponding legal responsibilities:
(1) Students violate laws and regulations, social and public codes of conduct, school rules and regulations, and discipline, and commit acts that should be known to be dangerous or may endanger the personal safety of others according to their age and cognitive ability;
(two) the behavior of students is dangerous, and the school has warned and stopped it, but the students do not listen to dissuasion and refuse to correct it;
(three) knowing that students have special physique and special diseases, but not telling the school;
(four) students' physical condition, behavior, mood and other abnormal conditions, parents or other guardians know but fail to perform the corresponding guardianship duties;
(five) other circumstances in which the student or his parents or other guardians should bear legal responsibility.
Article 19 If a student injury accident is caused by the fault of a third person other than the school and the student, the third person shall bear legal responsibility.
Within the scope of the school's management responsibility, if the school is at fault due to the behavior of a third party or unexpected events, it shall bear corresponding legal responsibilities.
If the school arranges students to participate in activities, and students are injured due to the fault of the operators or organizers of off-campus activities who provide venues, equipment, transportation, food and other commodities and services, the fault party shall bear corresponding legal responsibilities; If the school is at fault, it shall bear corresponding legal responsibilities.
Chapter IV Handling of Injury Accidents
Twentieth students after the accident, the school should immediately take rescue measures, and promptly notify their parents or other guardians.
Twenty-first students injury accident, the school shall report to the administrative department of education and relevant departments within twenty-four hours.
If it is a major student injury accident, the school shall immediately report to the education administrative department and relevant departments. After receiving the school report, the education administrative department and relevant departments shall immediately report to the people's government at the same level and the education administrative department at the next higher level.
When a student injury accident occurs in a school within a town, the school shall report to the town people's government while reporting to the education administrative department and relevant departments.
Twenty-second students after an accident, the school shall promptly set up an accident handling team or designate a person to be responsible for the accident handling work. The administrative department of education and relevant departments shall guide, coordinate and supervise the handling of accidents.
After a major student injury accident, the local people's government shall organize relevant departments and schools to deal with it according to law.
Twenty-third after the student injury accident, the parties may voluntarily negotiate, or apply to the education administrative department and relevant departments where the school is located for mediation, or bring a lawsuit directly according to law.
Twenty-fourth education administrative departments and relevant departments shall, after receiving the application for mediation, assign a special person to mediate and complete the mediation within 60 days from the date of accepting the application.
Within the period of mediation, if the parties reach an agreement, they shall sign a mediation agreement; If mediation fails, or if the parties bring a lawsuit and the people's court has accepted it, mediation shall be terminated. When mediation is terminated or terminated, the education administrative department and relevant departments shall notify the parties in writing.
If a party fails to perform or renege on an agreement reached through mediation, it may bring a lawsuit according to law.
Twenty-fifth after the accident treatment, the school shall report the accident treatment results to the administrative department of education and relevant departments in writing; The administrative department of education and the relevant departments shall report the handling results of major student injury accidents to the people's government at the same level and the administrative department at the next higher level.
Chapter V Compensation for Injuries and Accidents
Twenty-sixth students who are responsible for accidents shall be given corresponding economic compensation according to the size of the fault.
If neither party is at fault, the economic losses can be appropriately shared by the school or the parties according to the actual situation and the principle of fairness.
If the school is not at fault, it can give appropriate help to the injured students according to the actual situation and on the principle of voluntariness and possibility.
Twenty-seventh student injury accident compensation scope and standards in accordance with the relevant provisions of the state.
Twenty-eighth of the injured students' degree of disability is controversial, according to the relevant provisions of the state, you can entrust an institution with corresponding qualifications for identification.
Article 29 If a faculty member causes injury to a student while performing his duties, the school may, after assuming the liability for compensation, claim compensation from the person responsible for intentional or gross negligence.
In order to safeguard the legitimate rights and interests of the state, the collective or others, the infringer shall be liable for compensation. If there is no infringer, it is impossible to determine the infringer or the infringer is incapable of compensation, the relevant beneficiary shall give him appropriate economic compensation within the scope of benefit.
Thirtieth students' compensation for injury accidents shall be executed according to the agreement of the parties or the legal documents in force by the people's court.
Thirty-first schools should participate in student injury accident liability insurance in accordance with the relevant provisions of insurance laws and administrative regulations.
This Municipality organizes public schools to handle student injury accident liability insurance in cities or county-level cities and districts. Other schools can participate in the insurance organized by the city or county-level cities and districts, or they can be insured separately. The insurance premium shall be borne by the school organizer.
The city set up special funds for handling student injury accidents according to the classification of financial budget. Measures for raising and using special funds shall be formulated separately by the Municipal People's Government.
It is forbidden to apportion insurance premiums and special funds to students or in disguised form.
Encourage parents or other guardians of students to handle accidental injury insurance for students.
Chapter VI Legal Liability
Thirty-second schools and their staff in any of the following circumstances, the administrative department of education and relevant departments shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious, it shall be punished in accordance with the provisions of relevant laws and regulations:
(a) did not perform their duties in accordance with the provisions of this Ordinance, there are major security risks;
(two) due to the fault of the school and its staff, resulting in student injury accidents;
(3) Concealing, delaying reporting or falsely reporting student injury accidents, causing serious consequences;
(four) hinder the investigation of student injury accidents or provide false information;
(five) dereliction of duty, abuse of power, favoritism and other circumstances stipulated by laws and regulations.
Thirty-third students who are responsible for student injury accidents may be punished according to the Regulations on the Administration of Student Status; If the circumstances are serious, it shall be punished in accordance with the provisions of relevant laws and regulations.
Thirty-fourth in the handling of student injury accidents, the parties and other personnel have one of the following circumstances, which shall be stopped by the administrative department of education and relevant departments; Violation of the relevant provisions on administrative penalties for public security shall be dealt with by the public security organs according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If losses are caused, compensation shall be made according to law:
(1) Insulting or beating teaching staff;
(two) occupation, destruction of education, teaching and living facilities and equipment;
(3) disturbing the normal education and teaching order of the school.
Article 35 If the administrative departments of education and health, public security organs and other relevant departments and their staff neglect their duties, abuse their powers or engage in malpractices for selfish ends, the relevant departments shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 36 The meanings of the following terms in these Regulations are:
(1) Schools refer to full-time primary schools, junior high schools, senior high schools, all kinds of secondary specialized schools, secondary vocational schools, secondary technical schools and other educational and teaching institutions below secondary level (excluding all kinds of preschool education institutions) established within the administrative area of this Municipality;
(2) Students refer to registered students within the scope of Item (1) of this article and other students that the school agrees to accept;
(3) Faculty members refer to the principals, teachers and other employees of the school;
(four) the sponsors of schools refer to the investors of people's governments at all levels, industry departments and private schools;
(five) the time period of education and teaching activities refers to the extracurricular activities arranged by the school and the school;
(six) the scope of school management responsibility refers to the school buildings, venues and other educational, teaching and living facilities and equipment managed by the school;
(7) Personal injury refers to death, physical disability, dysfunction of tissues and organs and other injuries that affect personal health.
Article 37 The prevention and treatment of injury accidents of preschool children, children's palaces, children's activity centers, amateur sports schools and students in other off-campus educational institutions in preschool education institutions may be implemented with reference to these regulations.