First, the definition of personal injury accidents on campus
At present, people have different views on personal injury accidents on campus. Among them, the most common statement is that "the injury accident that happened during the school period belongs to the personal injury accident on campus." In fact, this understanding is not comprehensive. Referring to Tan Xiaoyu, doctor of education law and director of the office of Shanghai Education Law Research and Consulting Center, the author believes that the key to judging whether an accident belongs to a personal injury accident on campus lies in whether the accident itself is related to school education and teaching activities. If the accident is related to school education and teaching activities, even if it happens outside the school, such as the school organizing students to go out for internship, it should also belong to the campus personal injury accident; On the other hand, if the accident has nothing to do with school education and teaching activities, such as personal injury accidents on the way to school, it does not belong to this case. To sum up, campus personal injury accidents refer to personal injury accidents related to school education and teaching activities caused by negligence. It violates the victims' right to health and life.
Second, the form and type of accident liability
(A) the form of accident liability
There are three forms of legal liability for personal injury accidents on campus: civil legal liability, administrative legal liability and criminal legal liability (when the accident causes serious consequences and violates the criminal law, which constitutes a crime). Civil legal liability refers to a kind of legal liability borne by the subject of negligence liability (including legal persons and natural persons) to the victim, mainly property liability. The civil liability that the responsible subject should bear is that if the victim is physically disabled, he should pay the medical expenses and living allowance for the physical disability; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall also be paid. Administrative legal responsibility includes administrative punishment and administrative punishment. Criminal legal responsibility includes principal punishment and supplementary punishment.
(2) Type of accident
Generally speaking, personal injury accidents on campus can be divided into four types: accidents that schools should bear full legal responsibility; The school should bear part of the legal responsibility for the accident; Accidents for which the school is not legally responsible; And the accidents for which the relevant school staff should bear legal responsibility.
Three, the campus personal injury accident scanning
There are many kinds of personal injury accidents on campus. Only four kinds of campus personal injury accidents are scanned below.
(a) personal injury accidents caused by lax management
For accidents caused by lax school management, the person directly responsible may be investigated for administrative responsibility or criminal responsibility according to the degree of consequences, and the school and the person directly responsible shall also bear civil liability.
(2) Personal injury accidents in physical education class.
In physical education class, if the teacher fails to explain and demonstrate some technical movements, fails to protect them, or asks students to go beyond the syllabus, or fails to prepare and place sports equipment, personal injury accidents will occur, especially in throwing, gymnastics, ball games, swimming and other projects. Article 10 of the Regulations on School Health Work stipulates that school sports venues and equipment should meet the requirements of health and safety. Sports events and intensity should be suitable for students' physiological endurance and physical health to prevent injury accidents.
(3) Personal injury accidents caused by food poisoning
Article 9 of the Regulations on Student Hygiene stipulates that schools should conscientiously implement food hygiene laws and regulations, strengthen food hygiene management, do a good job in student diet management and strengthen nutrition guidance. In this case, due to timely rescue, no disability or death occurred. Therefore, the relevant parties do not bear criminal responsibility, but the school bears civil liability for compensation, that is, to give financial compensation to the poisoned teachers and students. At the same time, the school was fined by the health department, and the person directly responsible was subject to administrative sanctions.
(4) Students' accidental injuries at school.
On what basis does the court sentence students to personal injury accidents?
Before 2000, this kind of incident had no other specific legal provisions on handling injury accidents between students and schools except a judicial interpretation in the Supreme People's Court. Although the Law on the Protection of Minors stipulates that teachers should not insult, beat or physically punish students, it does not stipulate how to deal with such incidents. Now that Beijing has issued this local law, the prevention and treatment of personal injury accidents of primary and secondary school students have a legal basis, which will play a normative role in the handling of such incidents.