First, the compensation conditions:
1. First of all, the school is not necessarily responsible for the death of students at school. ?
2. The premise of the school's responsibility is that there is a causal relationship between the death of students and the fault of the school's dereliction of duty and inadequate management, otherwise there is no responsibility. ?
The death of students is not caused by the fault of the school, but by others, and will be directly borne by the responsible person. ?
4. The school shall bear supplementary responsibilities within the scope of its own fault, and the direct infringer shall bear direct responsibility. ?
The scope of students' personal injury compensation is generally the following four aspects:
(1) Conventional compensation: medical expenses, nutrition expenses, lost time expenses, nursing expenses, transportation expenses, etc. ?
(2) Disability compensation: disability appliance compensation and disability living allowance; ?
(3) Death compensation: funeral expenses and death subsidies; ?
(4) Compensation for mental damage: including disability compensation and death compensation. Compensation for mental damage refers to the compensation for mental pain caused by injury or death of injured students or parents of deceased students with money. ?
Second, the standard for the school to bear the responsibility for student injury accidents?
According to the relevant provisions of the Education Law and the General Principles of Civil Law, the principle of liability for student injury accidents is reiterated as the principle of fault. Because the school is not the legal guardian of minors, nor is it an administrative organ, the principle of liability for school infringement is neither the principle of no fault nor the principle of fairness, only the principle of fault. ?
Article 160 of 1998 Interpretation of People's Correspondence promulgated by the Supreme Court has clearly stipulated this. Therefore, whether the school is at fault is the standard to decide whether the school should be liable for the student injury accidents that occur within the scope of school management responsibilities. ?
Article 81 of the Education Law stipulates: "Anyone who violates the provisions of this Law and infringes upon the legitimate rights and interests of teachers, educatees, schools or other educational institutions and causes losses or damages shall bear civil liability according to law." ?
According to the provisions of the Education Law, the criterion for judging whether a school is at fault is whether it has fulfilled its education, management and protection responsibilities as stipulated in education laws and regulations. ?
In order to implement the education laws, the Ministry of Education has successively promulgated the legal norms of education management, such as teachers' professional ethics, students' daily behavior, campus environmental order management, the work of class teachers, school health care, experimental courses, and physical education class norms. ?
The behavior of the school violates these regulations, that is, the education, management and protection of the school are at fault. The school's behavior violates the provisions of education, management and protection responsibilities, causing students to be injured, and should bear the corresponding liability for compensation. ?
Extended data:
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Case: 30% of students who died in school are not actively responsible for school treatment?
Chen Weihao is a student in Qijiang Vocational Education Center. He was ill at school but failed to get timely treatment, which made his condition worse. Later, Chen Weihao's father sent him to the hospital for treatment, but he died of a serious illness. Chen Weihao's father took the school to court on the grounds that it was not treated in time. Recently, the court in Qijiang District of Chongqing ruled that the defendant school should bear 30% of the liability for compensation. ?
It is understood that during the morning self-study on 201212, the head teacher found that Chen Weihao's face was a little swollen, so he asked Chen Weihao to go to the hospital for examination, but Chen Weihao didn't go to the hospital for examination. The next morning, Chen Weihao's swollen face didn't improve. The class teacher told him to go to the hospital for examination, but Chen Weihao still didn't see a doctor. The head teacher called Chen Weihao's parents who left school that day and told him about his illness. ?
104, Chen Weihao was seriously ill and bedridden. The class teacher asked Chen Weihao to go to the hospital for treatment or go home, and called his parents again to tell them that his condition was getting worse. That afternoon, Chen Weihao's father took him home from school, and his condition became more serious. He was sent to the local hospital on June165438+1October1May, and died of respiratory and circulatory failure that day. ?
The court held that if a student suffers from sudden illness or injury during school, and the school fails to take corresponding measures in time according to the actual situation, resulting in aggravated adverse consequences, it should bear corresponding responsibilities according to law. After learning that Chen Weihao was ill, the defendant's school repeatedly advised him to go to the hospital for examination and treatment, and repeatedly contacted his parents. However, when Chen Weihao's illness gradually worsened and his parents were absent. ?
Instead of taking active, steady and prudent measures to treat Chen Weihao in time, he only verbally persuaded Chen Weihao to go to the hospital or go home for treatment, and passively waited for Chen Weihao's parents to pick him up at school. There is a certain fault, and there is a certain causal relationship with the adverse consequences of Chen Weihao's death. Because Chen Weihao's parents were at great fault in his death, the court ruled that the defendant's school should bear 30% of the liability for compensation. ?
China Court Network-30% of the students who died of illness at school are not actively responsible for the treatment.
China Court Network-Should college students pay compensation for sudden death on campus?
Baidu Encyclopedia-General Principles of Civil Law