On June 24th, 2022165438+1October 24th, a parent in Baise, Guangxi claimed that a primary school teacher in Jingxi City had broken the child, and now the teacher's motivation for beating the child is unclear.
After the incident, the beating teacher visited the hospital twice and paid 1 10,000 yuan for medical expenses. However, due to the limited level of local treatment, the parents of the beaten students hope that the school can transfer their children to hospital for treatment.
What age, and teachers beat students. Teachers have always been a respected profession, but some teachers' professional ethics are really not flattering.
Morally speaking, the teacher's behavior violates the teacher's morality, but legally speaking, what kind of legal responsibility will the teacher bear?
First of all, in terms of civil liability:
The teacher broke the students' bones, which seriously violated their right to grow up healthily. According to Article 1 165 of the Civil Code, if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. Teachers who intentionally beat students and cause fractures should bear tort liability according to law. Tort liability mainly includes: compensation for medical expenses, lost time, nursing expenses, transportation expenses and reasonable expenses for treatment and rehabilitation. Those who meet the disability standards after identification shall also be compensated for disability compensation and disability AIDS.
Secondly, the administrative responsibility:
According to Article 43 of the Law on Public Security Administration Punishment, those who beat others or intentionally hurt others shall be detained for more than 5 days 10 and fined for more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan. Under any of the following circumstances, he shall be detained for more than 10 day and less than 15 day, and fined for more than 500 yuan 1000 yuan: (2) Beating or injuring disabled people, pregnant women, 14 people under the age of 60 or above; Accordingly, teachers who beat students will be sentenced to administrative detention for more than 5 days 10 days. However, if the beaten student is under the age of 14, the administrative detention waiting for him will be over 10 and under 15.
Final criminal responsibility:
According to Article 234 of the Criminal Law of People's Republic of China (PRC), whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. At the same time, if the crime of intentional injury is constituted according to the revised Sentencing Guidance on Joint Crimes issued by the Supreme People's Court on 20 17, the starting point of sentencing can be determined within the corresponding range according to the following different situations: (1) If intentional injury causes minor injuries, the starting point of sentencing can be determined within the range of fixed-term imprisonment and criminal detention of less than two years. (2) If intentional injury causes serious injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than five years. (3) If a person is intentionally injured by particularly cruel means, causing serious injuries, resulting in severe disability of Grade 6, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 13 years. Except for those who should be sentenced to life imprisonment or more according to law.
What needs to be clear is that the premise of investigating the crime of intentional injury is to achieve the consequences of minor injuries or more. Therefore, if a teacher beats a student and his fracture is identified as minor injury, then the teacher's behavior is suspected of intentional injury in criminal law.
I want to say: don't be impulsive when you meet something, impulsiveness is the devil, and you will regret it when you are done!