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If a minor injury is caused, the teacher is suspected of intentional injury and must bear criminal responsibility, while the school shall bear the responsibility for civil compensation.
Article 234 of the Criminal Law of the People's Republic of China.
Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; 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. Where this Law provides otherwise, follow those provisions.
Article 34 of the Tort Liability Law of the People's Republic of China.
If the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability.
During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.
Article 38.
Where a person without 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 be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable.
Where a person without 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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If a teacher beats a student in violation of the Public Security Administration Punishment Law, he or she may be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. If the teacher hits a student and causes more than minor injuries to the student, the teacher can be held criminally responsible, that is, punished in accordance with the sentencing of the crime of intentional injury as stipulated in the law of law.
Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Forming a group to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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If a teacher violates the Public Security Administration Punishment Law by hitting a student, he may be detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. If a teacher hits a student and causes more than minor injuries to the student, the teacher can be held criminally responsible, that is, punished in accordance with the sentencing for the crime of intentional injury as prescribed by law.
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The punishment method for a teacher to hit a student is as follows:
1. If the circumstances are minor and it is a first offense, the head of the teaching and research group, the director of academic affairs, and the director of moral education are responsible for helping the education; where the circumstances are more serious, the vice principal or principal is responsible for helping with education;
2. If the circumstances are serious but no consequences are caused, the teacher shall apologize to the students and their parents. The school will deduct the one-month post responsibility award of the party concerned, and cancel the qualification to participate in various advanced selections this semester or this year. If the circumstances are more serious, and cause certain harm or cause certain consequences, deduct the party's half-year post responsibility award, and if necessary, order him to do a public inspection at the faculty meeting of the whole school, and give administrative disciplinary sanctions;
3. If the student's parents propose to carry out the harm caused by corporal punishment or disguised corporal punishment of students, the required examinations, expenses and other related expenses (such as travel expenses) shall be borne by the teacher himself;
4. For individual teachers who repeatedly teach and repeat offenders, criticizing the ineffectiveness of education, they must be severely punished, and administrative disciplinary punishment up to suspension of employment according to the circumstances.
Legal basisArticle 43 of the Law of the People's Republic of China on Public Security Administration Punishments.
Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
If a minor injury is caused, the teacher is suspected of intentional injury and must bear criminal responsibility, while the school shall bear the responsibility for civil compensation. >>>More
No, school teachers hit students is always wrong, even illegal, teachers corporal punishment of students is a lot, there are many reasons, students must have mistakes, such as disobedience, do not complete homework, etc., but always can not hit, teacher pressure is also a reason, students have good test results, then the teacher has to spend a lot of effort, it is very difficult, students do not do well in the test, teachers are under pressure from students, parents, leaders, colleagues and other aspects, many teachers have different degrees of psychological disorders, It is caused by these pressures from many sides, I am a teacher, and I have some sympathy for the teacher, so I advise you to take a more gentle approach, such as talking directly to the teacher concerned, don't make the relationship stiff, ask him to spend money to see it, and promise not to fight again in the future. After all, your child will still go to school in the future, if the teacher is ruthless, and there is no teacher to teach the child well in the future, it will be a waste of the child's life, my opinion may not be right, for reference. I do not agree with the above two gentlemen or ladies, if you do that, the teacher's life will be over, and your child's life will be over. >>>More
Parents find the teacher to talk about it, but also to persuade the child more, let him try to control some, after all, in junior high school, even if you are unconscious, but everyone will think that you have some purpose to do this, the teacher does this, just afraid that he is too moving to affect others, let the parents tell the teacher that the child can sit alone in a seat, so that it does not affect others, such as a single table next to the lectern, but just say that it can't be too sun, the child is not good to stand it, and then say a little suggestion, let the parents give the teacher some benefits, It's not that we're afraid, and it's not that all teachers are good at this, just as we ask others to do things, which is the so-called short-handed hand.
This doesn't seem like a teacher should ask, but there are a lot of teachers who ask it! But you can't offend him, so you have to come up with enough evidence to prove that it's not your fault, if the teacher still wants to target you, then it's simple, you just beat the classmate who beat you, the teacher doesn't look for you, it's okay, if you look for you, you tell the teacher: "You ask him, why I beat him and don't beat others!" ”
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.