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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ACCIDENTS AND RESPONSIBILITIES CHAPTER III PROCEDURES FOR HANDLING AN ACCIDENT CHAPTER IV COMPENSATION FOR ACCIDENT DAMAGES CHAPTER V TREATMENT OF THE PERSON RESPONSIBLE FOR AN ACCIDENT CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to actively prevent and appropriately handle student injury accidents and to protect the legal rights and interests of the students and schools, these Measures have been formulated in accordance with the Education Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors and other relevant laws, administration regulations and provisions. Article 2. These Measures shall apply to the handling of the accidents that occur in the teaching activities carried out by the schools or the extra-scholastic activities organized by the schools, or in the schoolhouses, ground, other teaching and living facilities for which the schools are responsible, and that result in personal injuries of the students. Article 3. Student injury accidents shall be handled promptly and appropriately in accordance with the principles of conformity with the law, objectiveness and fairness, and reason and justice. Article 4. The sponsors of schools shall provide the schoolhouses, ground, and other teaching and living facilities that are in conformity with the safety standards. The departments of education administration shall strengthen the safety work of the schools, direct the schools to implement the measures for prevention of student injury accidents, direct and assist the schools to appropriately handle the student injury accidents, and to maintain the normal teaching order of the schools. Article 5. Schools shall give the students necessary education on safety, self-protection and self-help; and shall, pursuant to the provisions, establish and perfect the safety system and take the corresponding administrative measures to prevent and eliminate the hidden dangers existing in the teaching environment; and shall take timely measures to help the injured students when injury accidents occur. When giving safety education to, managing and protecting the students, the schools shall, regarding the differences of age, cognitive capacity and legal capacity of the students, adopt corresponding contents and preventive measures. Article 6. The students shall abide by the rules and disciplines of the schools; and shall, according to the age, cognitive capacity and legal capacity of themselves, avoid and eliminate the corresponding dangers in different educational stages. Article 7. The parents or other guardians of minor students (hereinafter referred to the guardians) shall perform their duties of guardianship, and cooperate with the schools in the safety education, management and protection of the students pursuant to law. The schools shall not bear the duties of guardianship for minor students, except that there are such provisions in law or the schools are entrusted to bear the duties of guardianship pursuant to law. CHAPTER II ACCIDENTS AND RESPONSIBILITIES Article 8. The responsibilities for student injury accidents shall be determined according to the causation between the acts of the parties concerned and the injury consequences pursuant to law. In case of a student injury accident resulted from the fault of the school, the student or other parties concerned, the relevant party shall bear the corresponding responsibilities according to the fault degree of his act and the causation between such fault and the injury consequences. Where the act of that party is the principal cause of the injury consequences, the party shall bear the principal responsibilities; where the act of the party is the non-principal cause of the injury consequences, the party shall bear the corresponding responsibilities. Article 9. In case of a student injury accident caused by any of the following situations, the school shall bear the corresponding responsibilities pursuant to law: (1) The schoolhouses, ground, and other public facilities of the school, and the study utensils, teaching and living facilities and equipment provided by the school to the students to use don't meet the standards provided for by the state, or contain obviously unsafe factors; (2) There are obvious careless omissions in the system of safety management such as the security control, fire control and management of facilities and equipment of the school, or the management is in disorder and there exist major hidden dangers while no measures are taken in time; (3) The medicines, food, drinking water, etc. provided by the school to the students don't meet the relevant standards and requirements of the state or industries; (4) When organizing the students to participate in teaching activities or extra-scholastic activities, the school hasn't given corresponding safety education to the students and fails to take necessary safety measures for predictable dangers; (5) The school knows that a teacher or other staff member suffers from the disease unsuitable for teaching but takes on necessary measures; (6) The school, in violation of the relevant provisions, organizes or arranges minor students to participate in the labor, sports, or other activities that are unsuitable for minors; (7) The school knows or should have known that a student has special physique or certain disease and is unsuitable for some kind of teaching activity, but fails to pay necessary attention; (8) The school finds out that a student suffers from acute disease or is injured at school, but fails to take corresponding measures according to the actual situations and thus causes aggravation of the bad consequences; (9) Any teacher or other staff member of the school gives corporal punishment to students (including those acts in a disguised form of corporal punishment), or violates the work requirements, operational rules, professional ethics or other relevant provisions in the performance of duties; (10) Any teacher or other staff member of the school, when bearing the duties for organizing and managing the minor students, finds out that the act of any student is dangerous but fails to give necessary management, caution or to stop such acts; (11) The school finds out or knows that any minor student leaves the school without permission, or any other information directly related to the personal safety of the student, but fails to inform the guardians of the minor student in time, and thus causes the minor student to be injured because of leaving the protection of the guardians; or (12) Other situations in which the school fails to perform its duties pursuant to law. Article 10. In any of the following situations that a student or the guardian of a minor student causes a student injury accident due to his/her fault, he/she shall bear the corresponding responsibilities: (1) The student, in violation of the laws and regulations, the public principles of the society, or the rules or disciplines of the school, commits any act that he/she, according to his/her age and cognitive capacity, should know is dangerous or may endanger others; (2) The school or teacher has cautioned or asked the student to correct his/her dangerous act, but he/she refuses to listen to the caution and to correct the act; (3) The student or his/her guardian knows that the student has special physique or suffers from certain diseases, but doesn't tell the school; (4) The guardian knows or has been informed by the school that the minor student's physical status, action or emotion is abnormal, but fails to perform the corresponding duties of guardianship; or (5) The student or the guardian of the minor student has other faults. Article 11. Where the school arranges the students to participate in activities, if any student injury accident is caused due to the fault of the operator that provides the ground, equipment, vehicles, food or other consumption and services, or the fault of the activity organizer other than the school, the faulted party shall bear the corresponding responsibilities pursuant to law. Article 12. In case of a student injury accident caused by any of the following situations, if the school has performed the corresponding duties and the performance is proper, it shall bear no legal responsibilities: (1) Irresistible natural factors such as earthquake, lightning strike, typhoon or flood; (2) Sudden or incidental injury from outside of the school; (3) The school doesn't know or it's difficult to know that the student has special physique, certain disease or abnormal mental conditions; (4) The student suicides or hurts himself; (5) Injury accidents happening in antagonistic or dangerous sport games; or (6) Other accidental factors. Article 13. In case of an accident resulted in personal injury of a student in any of the following situations, if the school acts properly, it shall not bear responsibilities for the accident; and the responsibilities shall be determined in accordance with the relevant laws, regulations and other relevant provisions: (1) Any accident occurring on the way of the student to the school, back from the school, returning to the school in vacations or leaving the school by himself/herself; (2) Any accident occurring when the student goes out by himself/herself or leaves the school without permission; (3) Any accident occurring when the student stays in or goes to the school by himself/herself after school, on holidays or vacations other than work time of the school; or (4) Other accidents occurring beyond the administrative duties of the school. Article 14. Where any personal injury of a student is caused due to the personal act of any teacher or other staff member of the school that is unrelated to his/her duties, or due to the illegal or criminal act intentionally committed by any student, teacher or other individual, the person inflicting the injury shall bear the corresponding responsibilities. CHAPTER III PROCEDURES FOR HANDLING AN ACCIDENT Article 15. In case of a student injury accident, the school shall help and rescue the injured student in a timely manner, and shall promptly inform the guardians of the minor student; and shall adopt the means of emergent rescue if conditions permit. Article 16. In case of a student injury accident and if the circumstances are serious, the school shall report to the department of education administration and the relevant departments in a timely manner; in case of a major injury and fatal accident, the department of education administration shall, according to the relevant provisions, report to the people's government at the corresponding level and the department of education administration at the next higher level. Article 17. The department of education administration of the school may, at the request of the school or if it deems necessary, direct or assist the school in the handling of the accident, and try to restore the normal teaching order of the school. Article 18. In case of a student injury accident, the school and the injured student or the housemaster of the injured student may settle the problem through consultation. If both parities are willing, they may request, by written form, the department of education administration to mediate the problem. Adult students or the guardians of minor students may also file an action directly. Article 19. The department of education administration may, after receiving the application for mediation and if it deems necessary, designate special personnel to mediate the problem, and shall finish the mediation within 60 days from the day of accepting the application. Article 20. If the two parties reach unanimous opinions on the handling of the accident through mediation by the department of education administration, they shall sign the mediation agreement in witness of the mediators to end the mediation. If the two parties fail to reach unanimous opinions within the period of mediation, or one party files an action during the mediation and the people's court has accepted the case, the mediation shall be terminated. If the mediation ends or terminates, the department of education administration shall notify the parties in written form. Article 21. If one party refuses to perform the agreement reached through mediation or goes back on its words, either party may file an action pursuant to law. Article 22. After the handling of an accident ends, the school shall report to the department of education administration in written form the result of handling; with respect to the result of handling of a major injury and fatal accident, the department of education administration of the school shall report to the people's government at the corresponding level and the department of education administration at the next higher level. CHAPTER IV COMPENSATION FOR ACCIDENT DAMAGES Article 23. The organization or individual held responsible for the occurring of a student injury accident shall bear the corresponding responsibilities for compensation for the damages in accordance with the relevant provisions of laws and regulations. Article 24. The scope and standards of compensation for student injury accidents shall be determined in accordance with the relevant administrative regulations, local regulations or the relevant provisions of the judicial interpretations of the supreme people's court. In mediation, the department of education administration may, if it deems the school is responsible, present corresponding mediation schemes in accordance with the relevant laws, regulations and the relevant provisions of the state. Article 25. If any dispute arises over the degree of disability of the injured student, the parties may entrust the local hospital or relevant institution with the corresponding qualification to make appraisal in accordance with the standards of disability provided for by the state. Article 26. If the school is responsible for the student injury accident, it shall give economic compensation appropriately regarding its responsibilities, but shall not solve other matters that are not directly related with the rescue of the injured student or the compensation for the economic loss, such as registered permanent residence, house or employment. If the school is not responsible and the conditions permit, it may give appropriate help to the injured student according to the actual situation and the principles of free will and possibility. Article 27. In case of a student injury accident caused by the intention or major neglect or a teach or other staff member of the school in the performance of duties, the school may, after making the compensation, recover from the relevant responsible person. Article 28. If a minor student is responsible for the student injury accident, his/her guardians shall bear the corresponding responsibilities for compensation. If the act of a student infringes upon the legal rights and interests of any teacher or other staff member of the school and of any other organization or individual and causes losses, the adult student or the guardians of the minor student shall compensate for such losses pursuant to law. Article 29. With respect to the compensation that shall be borne by the school in accordance with the agreement reached by the two parties, the agreement reached through mediation or effective judgment by a people's court, the school shall answer for raising the money. If the school can't raise all the money, the competent department or the sponsor of the school shall assist in the raising of money. Article 30. Where conditions permit, the departments of education administration of the people's governments at or above the county level or the sponsors of the schools may raise the compensation through various forms such as establishing reserves of compensation for student injury, etc. Article 31. Where conditions permit, the school shall purchase the insurance for school responsibility pursuant to the relevant provisions of the Insurance Law. The departments of education administration may, according to the actual situations, encourage primary and secondary schools to purchase the insurance for school responsibility. Students are encouraged to purchase accident insurance on their free will. Under the premise of respecting the will of the students, the schools may create convenience for the students to purchase accident insurance, but shall not collect any charges. CHAPTER V TREATMENT OF THE PERSON RESPONSIBLE FOR AN ACCIDENT Article 32. In case of a student injury accident, if the school is responsible and the circumstances are serious, the department of education administration shall, in accordance with the relevant provisions, give corresponding administrative sanctions to the directly responsible personnel in charge and other directly responsible personnel of the school; where any relevant responsible person violates the Criminal Law, he shall be transferred to the judicial organ for criminal responsibilities. Article 33. If the school management is in disorder and there are major hidden dangers, the department of education administration in charge or other relevant departments shall order the school to make rectification within a specific time limit; where the circumstances are serious or the school refuses to make corrections, administrative punishment shall be given to it in accordance with the relevant laws and regulations. Article 34. If the department of education administration fails to perform the corresponding duties and is responsible for the occurring of a student injury accident, the relevant departments shall give corresponding administrative sanctions to the directly responsible personnel in charge and other directly responsible personnel respectively. If any relevant responsible person violates the Criminal Law, he shall be transferred to the judicial organ for criminal responsibilities. Article 35. If any student violates the school disciplines and is responsible for a student injury accident, the school may give corresponding sanctions to him/her; where the Criminal Law is violated, the judicial organ shall investigate for the criminal responsibilities pursuant to law. Article 36. If any guardian, relative or other relevant person of a injured student, during the handling of the accident, willfully makes trouble and disrupts the normal teaching order of the school, or infringes upon the legal rights and interests of the school, any teacher or other staff member of the school, the school shall report to the public security organ for handling pursuant to law; where any loss has been caused, compensation may be demanded pursuant to law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 37. The "schools" used in these Measures shall refer to the full time primary and secondary schools (including schools of special education), various kinds of secondary vocational schools, and schools of higher education sponsored by the state or the society. The "students" used in these Measures shall refer to the educatees studying full time in the aforesaid schools. Article 38. Any infant injury accident occurring in kindergarten shall be handled, according to the characteristics of the infant as a person of total incapacity, by reference to these Measures. Article 39. Any student injury accident occurring in other education institutions shall be handled by reference to these Measures. Any injury accident occurring to other educatees registered in a school within the administrative scope of the school shall be handled by reference to these Measures. Article 40. These Measures shall come into force as of September 1, 2002, where any provision related to the handling of personal injury accident of student promulgated by the former State Education Commission and the Ministry of Education conflicts with these Measures, the latter shall prevail. If the handling of a student injury accident has been ended before the implementation of these Measures, it shall not be re-handled any more. |
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