Natural and man made causes of safety injury accidents for minors

The child was injured at school, who bears the responsibility for the burial? Student minor who is responsible for injuries at school cavity Kai.

Legal Analysis: If a minor student is responsible for a student's injury accident, his supervisor shall bear the corresponding liability for compensation in accordance with the law.

Legal basis: "Measures for the Handling of Student Injury Accidents" Article 28 Where a minor student is responsible for a student injury accident, his guardian shall bear the corresponding liability for compensation in accordance with law. Where a student's conduct infringes upon the lawful rights and interests of school teachers and other staff, as well as other organizations or individuals, causing losses, the adult student or the guardian of the minor student shall give compensation in accordance with law.

If a crime is constituted, the person who has reached the age of 16 shall bear criminal responsibility. In the case of minor injuries, the law requires the perpetrator to be at least 16 years of age to constitute an offence; However, if the perpetrator is 14 years old or older, serious injury or injury resulting in death can constitute the crime of covering up fraud. Due to the difference in the results of the injury, the criminal liability is very different from the crime of intentional injury.

Whoever intentionally inflicts bodily harm on another person causing minor injury is to be sentenced to up to three years imprisonment, short-term detention or controlled release; where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. In the case of intentional bodily injury, as long as the perpetrator was subjectively intentional, the motive for the injury has no absolute significance for the conviction. The legal liability for the injury mainly depends on the extent and outcome of the injury.

If the act of injury only causes minor injuries such as subcutaneous bruising or soft tissue contusion to others, the perpetrator is only liable for compensation in general tort. The results of injuries that constitute a crime can be divided into minor injuries, serious injuries and injuries resulting in death. Minor injuries refer to injuries to the human body that reach a certain degree in accordance with the provisions of the Ministry of Justice's "Standards for the Appraisal of Minor Human Injuries".

Serious injury is one of the following: mutilating or disfiguring a person; Causing loss of hearing, vision or other organ functions; Other serious harm to personal health. Injury causing death refers to the intrinsic cause and cause relationship between the act of injury and the death of another person, and the act of injury is out of the fighting clan and the unexpected death result of the perpetrator.

The degree of injury mainly refers to the situation at the time of the injury, with reference to the victim's recovery results. Law first refers to a norm of behavior, so normativity is its primary characteristic. Normative refers to the fact that the law provides patterns, standards, patterns, and directions for people's behavior.

At the same time, the law is also general, it is a highly abstract behavior pattern from a large number of actual and concrete behaviors, and its object is ordinary people, and it is repeatedly applied. The law is also universal, that is, the standard of behavior provided by the law is applicable to all citizens in accordance with the law, and no special is allowed outside the law, that is, "everyone is equal before the law", and once the law is violated, it will be punished accordingly, and it will be educated and reformed.

Legal Analysis: If a minor causes a traffic accident, his guardian shall be liable for damages. According to the law, only people over the age of 18 can be qualified to drive a motor vehicle, but this does not mean that only people over the age of 18 can understand the high risk of motor vehicles.

In fact, due to the popularity of motor vehicles, children over the age of fifteen can be aware of the dangers of motor vehicles and therefore may be liable for traffic accidents. However, even if the infringer bears the responsibility for the traffic accident, the guardian shall compensate for the damage caused.

Legal basis: Civil Code of the People's Republic of China

Article 34: The duties of guardians are to carry out civil juristic acts and protect the personal rights, property rights, and other lawful rights and interests of the wards.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the rights and interests of the ward, they shall bear legal responsibility.

Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.

Where minor children infringe upon the rights and interests of others, the guardian shall bear the 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 their own property.

The guardian shall compensate for the shortfall. Article 1188 of the Civil Code provides that if a person who lacks or has limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. Where guardians perform their guardianship duties, 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.

There is no issue of administrative punishment for children's injuries, so there is no need to call the police, and even if they do, the public security department will only help mediate. Therefore, this kind of civil dispute is a problem that is resolved between the two families, and the parents, as the legal ** person of the child, should negotiate to solve the compensation issue according to the situation at the time, and if the negotiation fails, the injured party can sue the wrongdoer.

Since the child's mother has no money, and the father is unwilling to pay, let the other party sue, and the father will also be sued as a defendant. After filing a lawsuit, the court will determine the extent of the liability of both parties according to the circumstances at the time to determine the compensation ratio. From a legal point of view, grandparents have no obligation to compensate, but they can do so if they voluntarily compensate on their behalf.

If you are satisfied, thank you!

Where minors cause personal harm to others, their guardians shall bear responsibility for compensation.

Article 32 of the Tort Liability Law: Where a person who lacks or has limited capacity for civil conduct causes harm 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.

Sue his parents together, and the problem is solved.