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Article 32 of the Tort Liability Law of the People's Republic of China stipulates that if a person without or limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property.
The guardian shall compensate for the shortfall. Article 38 stipulates that if a person without capacity for civil conduct suffers personal injury during the period of study or life in kindergartens, schools or other educational institutions, the kindergartens, schools or other educational institutions shall be liable, but those who can prove that they have fulfilled their educational and management duties shall not be liable.
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I suggest that you find the school to coordinate, student fights are actually very common, psychologically immature, and the consideration of the problem is not comprehensive, so the teacher needs to do a good job of the relevant students, and the school cannot put the responsibility on the parents.
If your child is injured, you can claim compensation for your child's medical expenses from the other parent, and if there is a psychological effect, you can also claim compensation for emotional damages.
In this matter, you may feel uncomfortable because of two points, one is that the child is being bullied, and the other is the attitude of the other parent.
The first point has been said above, children, it is inevitable to bump, please ask the teacher to help coordinate, just say it, now there are many children who fight, and when they grow up, they have a special relationship.
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Hello, I am inquiring for you here, please wait a while, I will reply to you immediately Hello. 1.The school organizes students to participate in educational and teaching activities or extracurricular activities, but fails to conduct corresponding safety education for students, and fails to take necessary safety measures within the foreseeable scope; 2.
Where a student suddenly falls ill or is injured while at school, and the school discovers it, but fails to take appropriate measures in a timely manner based on the actual situation, resulting in aggravated negative consequences; 3.The school has other circumstances in which it has not performed its duties in accordance with law; and other 12 situations.
I hope the above is helpful to you If you are satisfied with me, please give a thumbs up and ask questions. Hello! My daughter was verbally abused by her classmates in QQ, what should I do?
Hello dear 1Give your child a sense of belonging. A child's sense of belonging comes from the unconditional love of the family, because you are my child, so I love you, not because you make your mother have face, that your mother loves you.
Children who grow up under the nourishment of love will have a sense of belonging and will not doubt themselves because of a personal attack from others. 2.Give your child a sense of strength.
Let your child try all sorts of things. Be bold and let your child try to jump from a height (within a safe range, of course) and let them experience what it feels like to have done it; Help your child remove the training wheels and feel confident when they get off the training wheels and ride freely in the square. 3.
Give your child a sense of autonomy. Give your children the right to make their own decisions, parents give guidance and advice, and when they feel that they can control their own affairs, they will gradually look at themselves differently.
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Legal analysisIf a child is beaten by a classmate at school, the first thing to do is to call the police, and the police will deal with it. If the beater is over 16 years old, he or she may be placed in administrative detention. If the child is slightly injured, the person who hit the person is also sentenced for intentional injury.
If the child's classmates are under the age of 16, then after reporting to the police, they should negotiate with the parents of the classmates and the school as soon as possible to compensate for compensation. If the school fails to carry out the necessary management, warning and stop in a timely manner, there is a certain fault in the management, so it should also bear the corresponding liability for compensation. Therefore, once a child is beaten by a classmate at school, the school will often bear a certain amount of liability for compensation.
Children have not yet formed a correct view of right and wrong, and parents and schools should pay attention to guidance. If there is a more serious incident of school violence, it may also be suspected of intentional injury.
Legal basis"Civil Code of the People's Republic of China" Article 1199 Where a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.
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There are several ways to deal with this kind of thing:1If it doesn't hurt to let the child deal with it by himself, for example, if he is pushed and there is no other harm after that, then teach the child to stay away from that kind of person in the future and ignore that kind of person.
If it's too much, you will be scolded, but it is better not to hit. Unless legitimate defense can be fought. 2.
If the beating is serious, or it may provoke greater harm, the school - the other party's parents - call the police - the court + the education bureau will make a decision based on the specific situation. Generally, it is greater than point 1 and less than being injured or causing greater psychological damage to the child. If the injury is serious or the psychological damage to the child is great, the parents will be approached through the school to deal with it.
If the other parent is very arrogant, you can consider calling the police according to the situation.
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If your child is injured by a classmate at school, you can do the following:
1. Go to school immediately: understand the child's injury and the incident, and communicate with the teacher or the school to understand how they handled the incident;
2. Take care of the child's wound: If the child's wound is not very serious, you can do a simple treatment at school first. If the injury is severe, you should be taken to the hospital immediately;
3. Save evidence: If you have evidence that a classmate hit the child and caused injury, you can take photos or videos as evidence. At the same time, they can also request the school to keep surveillance footage and other relevant evidence;
4. Communicate with the school: communicate with the school teacher or principal to understand the progress of the incident. If you feel that the school has not handled the matter properly, you can ask the school to take more serious measures, such as suspension, expulsion, etc.;
If a child is injured by a classmate at school, the school should follow these guidelines:
1. Ensure the child's safety first: The school should take timely measures to ensure the child's personal safety, including treating the child's wounds and contacting parents in a timely manner;
2. Investigate and understand the incident: the school should keep abreast of the details of the incident, investigate the reason why the child was beaten and the responsibilities of the classmates who beat the person;
3. Take appropriate disciplinary action: If the school investigation confirms that a student hit the child, the school should take appropriate disciplinary action against the student who hit the child in accordance with the school's disciplinary regulations, such as verbal warnings, written warnings, suspension of classes, withdrawal from school, etc.;
4. Help the child recover: The school should care for the injured child and provide necessary help and assistance to help the child recover his physical and mental health;
5. Strengthen school management: Schools should reflect on the causes of the incident and take measures to strengthen school management to prevent similar incidents from happening again.
It should be noted that dealing with the incident of a child being injured by a classmate at school needs to follow relevant laws and regulations and deal with the problem reasonably and legally. At the same time, it is necessary to have good communication with the school teachers and the school to protect the legitimate rights and interests of the children.
Legal basis
Article 1199 of the Civil Code of the People's Republic of China.
Where a person who does not have the capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.
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Encourage your child to talk to a school counselor or teacher for help and support.
The Prophet shows some effective conflict resolution skills, such as negotiation, compromise, seeking supporters, etc. Help your child develop a plan to solve the problem.
Create an open, honest home environment where your child knows that he is always available to you for help. At the same time, make sure that your response is supportive and encouraging, not critical or reproachful.
If you find that the situation is serious or lasts for a long time, you should contact the school management to ensure the safety and well-being of your child.
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