Adoption and Fostering

Circumstances where school bears responsibility in accidents injuring students

Updated: Mar 21, 2018 Print
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In accordance with the provisions of Tort Law of China and relevant judicial interpretations, where a school, kindergarten or other educational institution lawfully obligated for educating, managing and protecting minors fails to perform the relevant obligations within the scope of its duties, and thus causes a minor to suffer from a personal injury, or causes a personal injury to any other person via the minor, it shall bear compensation liabilities matching its fault.

In accordance with the provisions of the Measures for the Handling of Student Injury Accidents formulated by the Ministry of Education of China, 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 physical punishment to the students or does so in a disguised form, 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; and (12) Other situations in which the school fails to perform its duties pursuant to law.


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