According to Mr. Wu, an insider in the town, this is a private kindergarten. After the incident, the kindergarten has been closed for rectification and the responsible person has been under the control of the police. The child's body was sent to the county seat for judicial appraisal.
The staff of heping town Municipal Government told the reporter that the police were investigating and handling this matter, and it was inconvenient for the town to speak out. Everything is subject to the official notice of the county. The reporter asked if there was any notice, and the other party said that there was no notice at present.
The lawyer said that the responsible person was suspected of committing a crime. In this regard, lawyer Ye introduced that in some rural areas, many kindergartens use vans to pick up and drop off children, which has great security risks. First, drivers have not received special school bus driving training. Second, the vehicle configuration is not high and it is easy to overload. Third, the sense of responsibility is not strong. This accident is a typical rural school bus accident, which really hurts people.
The driver and teacher in this accident have serious faults and have been suspected of criminal offences. Article 233 of the Criminal Law stipulates that whoever causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Drivers and teachers, as temporary guardians of children, should have carefully counted the number of students one by one to see if there were any omissions in the car. However, due to negligence, the 4-year-old child was left in the car, which eventually led to death, and there was serious negligence, which constituted the crime of negligent death.
Lawyer Ye believes that this case involves not only criminal liability, but also legal liability for civil compensation. Article 1 199 of the Civil Code stipulates that kindergartens, schools or other educational institutions shall bear tort liability if a person without civil capacity suffers personal injury during his study and life in kindergartens, schools or other educational institutions; In this case, kindergarten drivers and teachers did not fulfill their strict duty of care, and kindergartens did not fulfill their educational management responsibilities. They should compensate the children's families for funeral expenses, death compensation, transportation expenses, accommodation expenses and lost time.
It is understood that a 5-year-old child in Zhanjiang, Guangdong Province was left alone in the school bus when he returned to the park in the morning. The temperature in the bus continued to rise until it was discovered in the afternoon, which led to the child's final death. The school bus management regulations posted on the outer wall of the kindergarten emphasize that the teacher who follows the car must check the car to ensure that there are no children left in the car, and must check the list when getting on and off. Although the regulations are very detailed, it is a pity that the tragedy happened. Through investigation, the police detained three kindergarten owners, drivers and car-following teachers.