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Legal knowledge of campus safety
First, the campus security situation is extremely grim.
According to the statistics of relevant departments, the number of abnormal deaths among primary and secondary school students reached 14,400 in 2000, and nearly 40 students died every day.
1. On November 13, 2000, when the first grade students of Wutai Town Middle School in Pingyi County, Shandong Province came down to study by themselves in the evening, some students fell down because the staircase lights were not on, resulting in a large number of students squeezing behind, resulting in five deaths and 32 injuries.
2. On March 6, 2001, during the two sessions of the National People's Congress and the CPPCC, a school explosion occurred in Fanglin Village Primary School, Tanbu Town, Wanzai County, Jiangxi Province. A teaching building was blocked off and 42 people were killed. 37 of them were junior and senior students who had just received their new term textbooks.
The report from the General Office of the Ministry of Education stated that the accident had caused extremely serious consequences, extremely bad social impact and irreparable losses to the country and people.
During the two sessions, more than 150 deputies to the National People's Congress put forward proposals calling for the enactment of the "Campus Safety Law" as soon as possible; on July 13, Hunan Province passed the first local regulation dealing with campus student injury accidents "Regulations on the Handling of Injury Accidents in Primary and Secondary Schools".
Two, the harm caused by campus safety accidents
1. make children physically and mentally harmed.
2. cause physical and mental pain to parents.
3., the implementation of normal education order and quality education in schools is affected. (describe it in battered terms. Litigation fatigue, passive protection measures
For example, in a primary school, when the bell rings and the school horn rings immediately, "Classmates, please walk slowly out of the classroom after class. Don't squeeze. Go right." If the shoelace is opened, the first step is to keep to the right; the second step is to squat down; the students in the rear stop immediately. It is a good job.
Three. Reasons for frequent accidents on campus
1. weak links in school education, management and hardware
The school bombing accident was caused by serious problems in the school management and the random entry of casual social workers into the school, resulting in a mentally ill villagers suddenly rushed to school, resulting in the tragedy.
2. students have weak links in discipline consciousness, safety awareness and self protection ability.
3. accidents in the teaching process (physical education, drama).
4. Parents'Duties in Educating Their Children to Strengthen Safety Awareness Education, Requiring Their Children to Comply with Discipline and Law and Learn to Protect themselves
1., rectify misconceptions: some parents think children are given to schools, and schools are guardians of children.
(1) schools are not guardians.
The so-called guardianship is a special civil law system to protect the person, property and other legitimate rights of a person without capacity for civil conduct (under 10 years old) and a person with limited capacity for civil conduct (10-18 years old).
The general principles of the civil law clearly stipulates that the parents of minors are legal guardians of minors.
Other persons capable of guardianship serve as guardians: grandparents or grandparents; brothers or sisters; other close relatives or friends willing to assume guardianship duties, with the consent of the residents'committee or villagers' Committee of the place where the minor's father or mother belongs or where the minor resides.
No schools other than parental authority are listed as guardians.
The guardian shall perform the following duties: to protect the guardian's personal, property and other legitimate rights and interests from being damaged; to keep the guardian's property; to act as the legal representative of the guardian, etc.
The relationship between schools and students is not a civil legal relationship. Schools are the institutions that implement the compulsory education of the state. They only undertake the responsibility of "education, management and protection", which can not be simply equated with "supervision and protection" in guardianship. If a school is a guardian, it will lead to a paradoxical ending.
What is the responsibility of the parties in the event of an accident? The school bears no liability for no fault.
(2) students are not liable for damages.
Once an accident occurs, it is not entirely the responsibility of the school, but depends on who is responsible for the fault, that is, the principle of fault liability. The so-called fault, caused by the intentional or negligence of the infringer. Where there are no responsibilities of a few parties, the parties and schools shall share the responsibility according to the principle of fairness. If the school can prove that there is no fault in education and management, it can be exempted from responsibility. It means that there is no misconduct in education management by schools.
A lunch break. (common)
B throwing javelin case (common)
C vengeance. (students)
D punished for eating flies. (school)
In general, schools are liable for damages in the following circumstances: see Article 9 of the Regulations on the Handling of Injury Accidents in Primary and Secondary Schools. If the parties concerned are free from any fault, they can appropriately share the economic losses according to the actual situation.
A student death in bed.
B physical education slipping leads to concussion.
C pupils were led by an aunt to dissolve the sulfuric acid case.
In the following circumstances, schools shall not be liable for damages: Article 10 of the Regulations on the Handling of Injury Accidents in Primary and Secondary Schools.
2. the liability of the responsible person for the student injury accident. Eighteenth, nineteenth, twentieth regulations on handling injury accidents in primary and secondary schools.
3. Student guardians should always take the initiative to cooperate with schools to strengthen safety education for their children, and require students to abide by the law and discipline and learn to protect themselves.
(1) add Students should be law-abiding and learn to protect themselves.
(1) strengthen peacetime education.
(2) prompt criticism and suggestions on the safety problems of students.
(3) encourage parents or other guardians to insure students' personal injuries.
(4) after the accident, the parties should do their utmost in good faith and actively consult with the school.