Test center for comprehensive quality of middle schools in teacher qualification examination

Interpretation of major educational laws and regulations in China (III)

—— Educational laws and policies

According to the requirements of the syllabus for teacher qualification examination, the interpretation of major educational laws and regulations in China in Comprehensive Quality of Middle Schools requires an understanding of major national educational laws and regulations.

in the vertical structure system of educational laws and regulations, the norms of educational activities formulated by the government and relevant administrative departments are incorporated into the educational laws and regulations system. The documents on the orientation of education formulated by the party and the government are also included in the system of educational laws and regulations.

I. Measures for Handling Student Injury Accidents

1. Nature and Status of Measures for Handling Student Injury Accidents

Measures for Handling Student Injury Accidents are formulated and issued by the Ministry of Education and belong to "educational regulations". In order to implement the safety protection of minors, it provides practical operating rules. The Measures are not only related to the protection of students' rights, but also related to the rights and interests of schools in educational activities and the order of school education and teaching activities.

2. Basic structure and content of the Measures for Handling Student Injury Accidents

(1) Basic structure

The Measures for Handling Student Injury Accidents * * * has three parts (general rules, sub-rules and supplementary rules), six chapters and 4 articles. The general provisions stipulate the purpose, basis, scope of application and accident handling principles of this regulation. The specific provisions stipulate the handling of student injury accidents from four aspects: accidents and responsibilities, accident handling procedures, compensation for accident damage, and handling of those responsible for accidents. The supplementary provisions clarify the subject of responsibility involved in the Measures.

Measures for Handling Injury Accidents of Students

(Promulgated by Order No.12 of the Ministry of Education on June 25th, 22, revised according to Decision of the Ministry of Education on Amending and Abolishing Some Rules on December 15th, 21)

Chapter I General Provisions

Article 1 The legislative purpose is to actively prevent and properly handle injury accidents of students in school, protect the legitimate rights and interests of students and schools, and in accordance with the Law of the People's Republic of China.

article 2 scope of application these measures are applicable to the handling of accidents that occur in educational and teaching activities carried out by schools or extracurricular activities organized by schools, and in school buildings, venues, other educational and teaching facilities and living facilities for which schools are responsible for management, resulting in personal injury to students in schools.

article 3 following principles student injury accidents should follow the principles of legality, objectivity, fairness, reasonableness and appropriateness, and be handled in a timely and proper manner.

Article 4 The sponsors of schools and responsible schools of educational administrative departments shall provide school buildings, venues, other educational and teaching facilities and living facilities that meet safety standards.

the administrative department of education should strengthen school safety, guide schools to implement measures to prevent student injury accidents, and guide and assist schools to properly handle student injury accidents. Maintain the normal education and teaching order in the school.

Article 5 Safety education schools shall provide necessary safety education and self-care and self-help education for students in school; Should be in accordance with the provisions, establish and improve the safety system, take corresponding management measures to prevent and eliminate the hidden dangers in the education and teaching environment; When an injury accident occurs, measures should be taken in time to help the injured students.

The school provides safety education and management for the students. Corresponding contents and preventive measures should be adopted according to students' age, cognitive ability and legal capacity.

Article 6 Compulsory students shall abide by the rules, regulations and disciplines of the school; At different stages of education, we should avoid and eliminate the corresponding dangers according to our age, cognitive ability and legal capacity.

article 7 parents or other guardians (hereinafter referred to as guardians) whose parents are guardianship of minor students shall perform their guardianship duties according to law and cooperate with schools in safety education, management and protection of students.

The school does not undertake guardianship duties for minor students, except in cases where the law provides or the school is entrusted to undertake corresponding guardianship duties according to law.

Chapter II Accidents and Liabilities

Article 8 Liability for Accidents If it is determined that a student injury accident has occurred, resulting in personal injury to the student, the school shall bear the corresponding liability for the accident in accordance with the Tort Liability Law of the People's Republic of China and relevant laws and regulations.

Article 9 The school shall bear the corresponding responsibilities for the student injury accidents caused by one of the following circumstances:

(1) The school buildings, venues and other public facilities, as well as the school tools, teaching and living facilities and equipment provided by the school for students, do not meet the standards prescribed by the state, or have obvious unsafe factors;

(2) The school's safety management system, such as security, fire fighting, facilities and equipment management, has obvious omissions, or the management is chaotic, and there are major security risks, and measures are not taken in time;

(3) the medicines, food and drinking water provided by the school to students do not meet the relevant standards and requirements of the state or industry;

(4) the school organizes students to participate in educational and teaching activities or extracurricular activities, and fails to provide students with corresponding safety education and take necessary safety measures within the foreseeable scope;

(5) The school knows that teachers or other staff members suffer from diseases that are not suitable for education and teaching, but fails to take necessary measures; (6) The school, in violation of relevant regulations, organizes or arranges underage students to engage in labor, sports or other activities that are not suitable for minors;

(7) students with special physical fitness or specific diseases are not suitable to participate in certain educational and teaching activities, which the school knows or should know, but fails to pay necessary attention to;

(8) When a student suddenly suffers from a disease or injury while in school, the school discovers it, but fails to take corresponding measures in time according to the actual situation, resulting in aggravated adverse consequences;

(9) school teachers or other staff members corporal punishment or corporal punishment in disguised form, or violate work requirements, operating rules, professional ethics or other relevant regulations in the course of performing their duties;

(1) When school teachers or other staff members are responsible for organizing and managing underage students, they find that students' behaviors are dangerous, but they fail to conduct necessary management, warning or stop them;

(11) The school found or knew the information directly related to the personal safety of the minor students, such as leaving school without authorization, but failed to inform the guardian of the minor students in time, resulting in the injury of the minor students due to their leaving the guardian's protection;

(12) other circumstances in which the school fails to perform its duties according to law.

Article 1 A student or guardian of a minor student has one of the following circumstances due to his fault. (1) Students violate the provisions of laws and regulations, the code of conduct of the social association, the rules and regulations of the school or discipline, and carry out behaviors that should be known to be dangerous or may endanger others according to their age and cognitive ability;

(2) The student's behavior is dangerous, and the school and teachers have warned and corrected it, but the student refuses to be dissuaded or corrected;

(3) The student or his guardian knows that the student has a special physique or suffers from a specific disease. But did not inform the school;

(4) The guardian knows or has been informed by the school that there are abnormal physical conditions, behaviors and emotions of underage students, but fails to perform the corresponding guardianship duties;

(5) The student or the guardian of a minor student has other faults.

article 11 when a school arranges students to participate in activities, the parties at fault shall bear corresponding responsibilities according to law for student injury accidents caused by the fault of operators who provide venues, equipment, means of transportation, food and other consumer -b services or organizers of activities outside the school.

Article 12 The school is not responsible for the student injury accident caused by one of the following circumstances, and the school has fulfilled its corresponding responsibilities. If the behavior is not improper, there is no legal responsibility:

(1) It is caused by irresistible natural factors such as earthquake, lightning strike, typhoon and flood;

(2) It is caused by sudden and accidental invasion from outside the school;

(3) Students have special physique, specific diseases or abnormal mental state, which the school does not know or is difficult to know;

(4) The students killed themselves or injured themselves;

(5) Accidental injuries occur in antagonistic or risky sports competitions;

(6) caused by other unexpected factors.

Article 13 Accidents that cause personal injury to students occur under the following circumstances. If there is nothing wrong with the school's behavior, it will not bear the responsibility for the accident: the responsibility for the accident should be determined according to the relevant laws and regulations or other relevant provisions: < P > (1) It occurred on the way for students to go to school, leave school, return to school or leave school;

(2) during the period when students go out or leave school without authorization;

(3) after school, holidays, holidays and other school working hours, students stay in school or come to school on their own;

(4) other events that occur outside the scope of school management responsibilities.

Chapter III Procedures for Handling Accidents

Article 15 In case of a student injury accident in the school handling procedures, the school shall promptly rescue the injured student and inform the guardian of the minor student in time: if conditions permit, emergency rescue and other means shall be adopted.

Article 16 If a student injury accident occurs in the major accident handling procedure and the situation is serious, the school shall promptly report it to the competent education administrative department and relevant departments; if it is a major casualty accident, the education administrative department shall promptly report it to the people's government at the same level and the education administrative department at the next higher level in accordance with relevant regulations.

Article 17 Responsibilities of the Education Administrative Department The competent education administrative department of a school may, at the request of the school or when it deems it necessary, guide and assist the school in handling accidents and restore the normal education and teaching order of the school as soon as possible.

article 18 mediation and litigation of accidents in the event of a student injury accident, the school and the injured student or the parents of the student can solve it through consultation: both parties can voluntarily request the competent education administrative department to mediate in writing. The guardians of adult students or minor students may also bring a lawsuit directly according to law.

Article 19 Time limit for mediation The education administrative department may, upon receipt of an application for mediation, designate specialized personnel to conduct mediation if it deems it necessary, and shall complete mediation within 6 days from the date of accepting the application.

Article 2 If the mediation procedure is mediated by the administrative department of education and both parties reach an agreement on accident handling, a mediation agreement shall be signed under the witness of the mediator to end the mediation; If both parties fail to reach an agreement within the mediation period, or if one party brings a lawsuit during the mediation process and the people's court has accepted it, the mediation shall be terminated. Mediation is terminated or terminated. The administrative department of education shall notify the parties in writing.

article 21 conditions of litigation if one party fails to perform or reneges on the agreement reached through mediation, both parties may bring a lawsuit according to law. Article 22 Follow-up Matters of Accident Handling After the accident handling is completed, the school shall report the handling result of the accident to the competent education administrative department in writing: the handling result of heavy casualty accident. The education administrative department in charge of the school shall report to the people's government at the same level and the education administrative department at the next higher level.

chapter iv compensation for accident damage

article 23 organizations or individuals legally responsible for student injury accidents shall bear corresponding liability for damages in accordance with the relevant provisions of laws and regulations.

article 24 the scope and standards of compensation for statutory student injury accidents shall be determined in accordance with relevant administrative regulations, local regulations or relevant provisions in judicial interpretations of people's courts.

when the administrative department of education conducts mediation, if it thinks that the school is responsible, it can put forward corresponding mediation scheme in accordance with relevant laws and regulations and relevant provisions of the state.

article 25 if there is any dispute about the degree of disability of the injured students, they may entrust a local hospital or relevant institution with corresponding appraisal qualifications to conduct the appraisal according to the national disability standards.

article 26 school compensation if the school is responsible for the student injury accident, it will give appropriate economic compensation according to the size of the responsibility, but it will not undertake other matters that are not directly related to helping the injured students and compensating the corresponding economic losses, such as solving the household registration, housing and employment.

if the school has no responsibility, it can be based on the actual situation if conditions permit. In line with the principle of voluntariness and possibility, give appropriate help to the injured students.

Article 27 The conditions for the school to recover compensation are as follows: After the school makes compensation for the student injury accident caused by the intentional or gross negligence of the school teachers or other staff members in performing their duties. You can recover from the relevant responsible personnel.

Article 28 If a guardian compensates a minor student and is responsible for the student injury accident, his guardian shall bear the corresponding liability for compensation according to law.

if a student's behavior infringes on the legitimate rights and interests of school teachers and other staff members, other organizations and individuals, and causes losses, the guardian of an adult student or a minor student shall make compensation according to law.

article 29 the school shall be responsible for raising the compensation according to the agreement reached by both parties, the agreement reached through mediation or the effective judgment of the people's court; if the school is unable to fully raise the compensation, it shall be assisted by the competent department or sponsor of the school.

article 3 compensation reserve the education administrative department of the people's government at or above the county level or the school sponsor can raise compensation for injuries according to law by setting up a student injury compensation reserve and other forms if conditions permit.

article 31 a liability insurance school should participate in school liability insurance according to the relevant provisions of the insurance law if it has the conditions. The administrative department of education may, according to the actual situation, encourage primary and secondary schools to participate in school liability insurance.

encourage students to voluntarily participate in accident insurance. On the premise of respecting students' wishes, schools can create convenient conditions for students to participate in accidental injury insurance, but they may not charge any fees.

Chapter V Handling of Persons Responsible for Accidents

Article 32 If a student injury accident occurs in the handling of a school, and the school is responsible and the circumstances are serious, the education administrative department shall, in accordance with relevant regulations, give corresponding administrative sanctions to the directly responsible person in charge and other directly responsible personnel of the school; If the behavior of the responsible person violates the criminal law, it shall be transferred to judicial organs for criminal responsibility according to law.

article 33 if the management of schools is chaotic and there are major security risks, the competent education administrative department or other relevant departments shall order them to rectify within a time limit; if the circumstances are serious or refuse to correct them, corresponding administrative penalties shall be given according to the relevant provisions of laws and regulations.

Article 34 Handling of Education Administrative Department If the education administrative department fails to perform its corresponding duties and is responsible for the occurrence of student injury accidents, the relevant departments shall give corresponding administrative sanctions to the directly responsible person in charge and other directly responsible personnel respectively. If the behavior of the responsible person violates the criminal law, it shall be transferred to judicial organs for criminal responsibility according to law.

Article 35 The school may give corresponding punishment to students who violate the school discipline and are responsible for causing student injury accidents: those who violate the criminal law shall be investigated for criminal responsibility by judicial organs according to law.

Article 36 For guardians