This guide selects 10 typical scenarios that are prone to legal risks in the guidance of primary and secondary school teachers. According to the specific implementation of "risk description-legal link-coping guide", risk pictures are taken one by one to provide convenient suggestions for educators to guide according to law.
Risk statement of organizing students to participate in off-campus activities 1. If the school organizes students to participate in extracurricular activities, fails to provide students with corresponding safety education, and fails to take necessary safety measures within the foreseeable scope, resulting in student injury accidents, the school shall bear civil liability for compensation according to law.
2. The teacher in charge of the activity organization has gross negligence in the accident, and after the school assumes the liability for compensation, it can recover from the individual.
This law is connected with Article 9 of the Law of People's Republic of China (PRC) on the Protection of Minors. "(four) the school organizes students to participate in education and teaching activities or extracurricular activities, and fails to provide students with corresponding safety education and take necessary safety measures within the foreseeable scope.
(Article 1 19 1 of the Measures for Handling Student Injury Accidents) "If the staff of the employing unit cause damage to others due to the execution of business, the employing unit shall bear the tort liability.
After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
Reply guide 1. Conduct safety education for students before activities, emphasize activity discipline and safety precautions, and enhance students' awareness of safety and self-protection.
2. Make a careful activity plan and safety emergency plan to ensure safe and orderly activities.
Improper description of labor risks 1. If the school organizes or arranges minors to participate in labor, sports and other activities that minors are not allowed to participate in, resulting in student injury accidents, the school shall bear civil liability for compensation according to law.
2. The teacher in charge of the activity organization has gross negligence in the accident, and after the school assumes the liability for compensation, it can recover from the individual.
Article 9 "(6) If a school, in violation of relevant regulations, organizes or arranges minors to participate in labor, sports or other activities that minors are not allowed to participate in, it shall bear corresponding responsibilities in accordance with the law in any of the following circumstances, resulting in student injury accidents.
(Article 1 19 1 of the Measures for Handling Student Injury Accidents) "If the staff of the employing unit cause damage to others due to the execution of business, the employing unit shall bear the tort liability.
After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
Coping strategies 1. Guide underage students to participate in labor and sports activities, pay attention to their age and physiological characteristics, and arrange activities that students can participate in under the premise of safety.
2. Minor students shall not be arranged to engage in high-risk or commercial labor and other activities that are not suitable for participation.
Management risk description of students with special physique 1. Students with special physique or specific diseases are not allowed to participate in certain educational and teaching activities. If the school knows or should know, but it doesn't need to pay attention to it, resulting in a student injury accident, the school shall bear civil liability for compensation according to law.
2. The relevant faculty members have gross negligence in the accident, and after the school assumes the liability for compensation, they can recover from their individuals.
Article 9 of the Civil Law: "If any of the following circumstances causes a student injury accident, the school shall bear corresponding responsibilities: (7) Students with special physique or specific diseases shall not participate in certain educational and teaching activities. The school should know, but it didn't give the necessary attention.
(Article 1 19 1 of the Measures for Handling Student Injury Accidents) "If the staff of the employing unit cause damage to others due to the execution of business, the employing unit shall bear the tort liability.
After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
"Response guide 1. Organize students' physical examination regularly and establish students' health records. Understand and master whether students have some special physique and specific diseases.
2. Students with special physique or specific diseases shall not be arranged to participate in specific education and teaching activities that are not suitable for them.
Introduction to the risk of student injury rescue 1. If a student suffers from sudden illness and injury during school, but the school finds it but fails to take corresponding measures in time according to the actual situation, which aggravates the adverse consequences, the school shall bear civil liability for compensation according to law.
2. If the teaching and administrative staff who have the obligation to help are not timely and have adverse effects on the students, the school may recover from them personally after assuming the liability for compensation.
Article 9 of the Civil Law: "If any of the following circumstances causes a student injury accident, the school shall bear corresponding responsibilities according to law: (8) If the school finds that the student has suddenly suffered from illness or injury while in school and fails to take appropriate measures in time according to the actual situation, which will aggravate the adverse consequences.
(Article 1 19 1 of the Measures for Handling Student Injury Accidents) "If the staff of the employing unit cause damage to others due to the execution of business, the employing unit shall bear the tort liability.
After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
Coping guide 1. If students suddenly get sick or injured, they should send doctors to the scene as soon as possible and take necessary rescue measures in case of emergency.
2. Inform the parents of students of sudden illness or injury in time, and make records.
Risk description of student safety information notification 1. If the school discovers or knows information directly related to the personal safety of minors and fails to inform their guardians in time, thus causing damage to minors under the protection of guardians, the school shall bear civil liability for compensation according to law.
2. If the teaching staff who have the obligation to inform the students of safety information fail to inform the students of the injury accident in time, the school may recover from them personally after assuming the liability for compensation.
Legal link Article 9 of the Civil Code "(11) The school found or knew that the minor students left school without authorization and other information directly related to the personal safety of the students, and failed to inform the guardian of the minor students in time, resulting in the minor students leaving the guardian's protection.
(Article 1 19 1 of the Measures for Handling Student Injury Accidents) "If the staff of the employing unit cause damage to others due to the execution of business, the employing unit shall bear the tort liability.
After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
"In view of the Guidelines, a timely notification mechanism for students' safety information should be established, and parents and other guardians of students should be informed of information directly related to students' personal safety, such as underage students leaving school without authorization and leaving school early.
Risk description of corporal punishment or corporal punishment in disguised form 1. If a teacher's corporal punishment or corporal punishment in disguised form causes a student injury accident, the school may claim compensation from the corporal punishment teacher after assuming civil liability according to law.
2. Teachers who punish students by corporal punishment or corporal punishment in disguised form may be punished or dismissed if they do not change after education; If the circumstances are serious enough to cause minor injuries to students, they may also be investigated for criminal responsibility for intentional injury.
This law is related to article 9 of the Civil Code. "(nine) school corporal punishment or corporal punishment in disguised form, or in violation of job requirements, operating rules, professional ethics or other relevant provisions in the process of performing their duties.
(Article 1 19 1 of the Measures for Handling Student Injury Accidents) "If the staff of the employing unit cause damage to others due to the execution of business, the employing unit shall bear the tort liability.
After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
Article 27 of the Civil Code states, "Teachers and staff in schools and kindergartens shall respect the personal dignity of minors, and shall not impose corporal punishment on minors, corporal punishment in disguised form or other acts that insult their personal dignity.
("Measures for Handling Student Injury Accidents" Article 37: "If a teacher has one of the following circumstances, the school, other educational institutions or the administrative department of education shall give him administrative sanctions or dismissal: (2) Corporal punishment of a student who refuses to change after education.
(Article 234 of the Civil Code) "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.
Coping guide 1. Firmly grasp the scale of criticizing and educating students and put an end to corporal punishment.
2. If it is necessary to punish students who violate discipline, they shall be punished in accordance with the procedures and methods stipulated in the Law on the Protection of Minors.
Risk statement of confiscation or destruction of students' belongings 1. Students' personal property rights are protected by law, and they are suspected of confiscating or destroying personal items such as mobile phones illegally brought into the campus, infringing on students' property rights.
2. If improper management causes damage to students' personal belongings, the school can recover from the responsible person after assuming civil liability for compensation.
The article links to article 1 13 of the Teachers Law. "The property rights of civil subjects are also protected by law.
(Article 1 19 1 of the Criminal Law) "If the staff of the employing unit cause damage to others due to the execution of business, the employing unit shall bear the tort liability.
After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
Coping strategies 1. When students bring things that affect the normal teaching order into the campus, teachers can temporarily restrain them according to the school rules, but they must not confiscate or destroy them.
2) After properly educating the students who violate the discipline, return the withheld items to the students themselves or notify their parents to collect them.
Unauthorized disclosure of student privacy risk description 1. Students' grades, chat records, friends, physical illness and family background are protected by law and shall not be disclosed without authorization. Otherwise, the school and the person in charge will bear the legal risk of civil tort liability for allegedly infringing on students' privacy.
2. Those who violate students' privacy by voyeurism, sneak shots, eavesdropping and communication may also be punished by public security administration.
This law is related to Article 1300 of the Regulations on Disciplinary Actions in Primary and Secondary Education (Trial), "Natural persons have the right to privacy.
No organization or individual may invade the privacy of others by means of reconnaissance, invasion, disclosure or publicity.
Article 995 of the Civil Law, if the right of personality is infringed, the victim has the right to claim civil liability from the actor in accordance with the provisions of this law and other laws.
The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize.
Whoever commits one of the following acts as stipulated in Article 42 of the Civil Code shall be detained for not more than five days or fined not more than five hundred yuan; if the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan. (6) secretly photographing, eavesdropping or spreading the privacy of others.
"Response guide 1. Teachers should keep confidential the private information of students they contact and obtain.
2. If teaching management needs to use and disclose students' private information, the scope of use and disclosure should also be limited to the necessary limits.
Criticize students' risk description in discriminatory language 1. Students' right of reputation is protected by law, and using discriminatory and insulting language to criticize students for allegedly infringing students' right of reputation, the school and the person in charge have legal risks of civil tort liability.
2. Teachers who abuse or insult students' personal dignity in a discriminatory way may be punished if the circumstances are serious. Causing physical and mental harm to students, which constitutes a crime, shall be transferred to public security organs for legal treatment.
The article is related to Article 124 of the Civil Code: "The civil subject enjoys the right of reputation.
No organization or individual may infringe upon the reputation right of others by insulting or slandering.
Article 995 of the Civil Law, if the right of personality is infringed, the victim has the right to claim civil liability from the actor in accordance with the provisions of this law and other laws.
The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize.
("Public Security Administration Punishment Law" Article 12 "Teachers shall not abuse, discriminate against or insult students' personal dignity in the management of education and teaching and the implementation of educational punishment.
Article 15, paragraph 2, of the Civil Code "If a teacher violates Article 12 of these rules and the circumstances are minor, the school shall criticize and educate him. If the circumstances are serious, his post shall be suspended or punished according to law; Causing physical and mental harm to students, which constitutes a crime, shall be dealt with by the public security organs according to law.
Coping guidelines respect students' personal dignity, avoid language misuse when criticizing students, and do not belittle students' personality and reputation in an insulting or mocking way.
The risk of driving students out of the classroom describes that teachers are suspected of driving students out of the classroom directly after violating discipline, which does not meet the disciplinary conditions and procedures stipulated in the Civil Code and infringes on students' right to education.
This law links Article 9 of the Regulations on Disciplinary Actions in Primary and Secondary Education (Trial): "The people and citizens of China have the right and obligation to receive education.
Citizens, regardless of nationality, race, sex, occupation, property status, religious beliefs, etc. , enjoy equal opportunities for education according to law.
(Article 10 of the Regulations on Disciplinary Actions in Primary and Secondary Schools (Trial)) "If senior, junior and senior high school students violate the law or cause serious adverse effects, the school may give the following educational sanctions: and give parents (1) suspension of classes or suspension of classes for less than one week in advance, requiring parents to educate and discipline at home.
"Response guide 1. Expelling students from the classroom is essentially punishing students who violate discipline. According to the Disciplinary Rules for Primary and Secondary Schools (Trial), suspension of classes is a serious educational disciplinary measure, which is not easy to use.
2. For primary school, junior high school and senior high school students, if the violation of discipline is serious or has a bad influence, the punishment method of suspension of classes can be applied, and the maximum suspension time shall not exceed one week.
3. Parents must be informed in advance of the implementation of the suspension measures, and the implementation can only be decided in the name of the school.
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