If there is a safety accident in the kindergarten, the deputy director in charge of safety has no re

It depends on the specific circumstances of the accident and determines the responsibility.

1. Definition of responsibility:

1. Kindergarten school building safety hazards are not eliminated in time and cause accidental injury accidents to children: kindergarten school building safety hazards are not inspected or reported in time after discovery, and the person in charge is fully responsible; If measures are not taken in a timely manner after reporting, the leader in charge is responsible.

2. Accidental injuries to children caused in the classroom and in the process of organizing activities in kindergartens: teachers and activity organizers are responsible for poor management: kindergarten collective activities, and the class teacher is responsible for poor management; In physical education classes or sports activities, the classroom teachers and activity organizers are responsible for poor management, and the teachers take protective measures, but the factors that cannot resist the emergence of the situation will be investigated separately.

3. Accidental injuries to children during recess and recess activities: the teacher in charge of the class is responsible for poor education and poor management between classes.

4. In the event of an accident during the pick-up and drop-off of children, the teacher in charge of the class shall be fully responsible; In the accident at the gate of the park, the teacher and the janitor on duty are fully responsible, and the head teacher is responsible for the poor education.

5. Children leave the kindergarten without authorization, and major safety accidents such as traffic, drowning, and food poisoning occur on the road: the class teacher and the person in charge of the kindergarten are responsible for poor education.

6. Major safety accidents such as traffic, drowning, and food poisoning occur during holidays: the class teacher and the person in charge of the kindergarten are responsible for poor education.

7. Children in the kindergarten canteen after buying food to eat poisoning symptoms, after testing caused by the canteen food, the canteen management personnel are fully responsible, and the canteen personnel are secondarily responsible.

8. Teachers who have the above behaviors are fully responsible for children's truancy, runaway, suicide, psychological disorders, etc., due to excessive homework burden, discrimination by teachers, corporal punishment and disguised corporal punishment, sarcasm, sarcasm, and teachers' behavior that makes children too nervous and afraid.

9. The safety accidents caused by the teacher's evacuation of the post, failure to arrive at the post according to the regulations, and failure to conscientiously perform the duties according to the requirements of the kindergarten are regarded as the teacher's dereliction of duty.

10, kindergarten in the school and kindergarten organized activities in the event of a major child injury accident, or although there is a slight injury accident of children, but the impact is larger, the teacher, the person in charge of the kindergarten, the head of the safety leadership group are responsible for the leadership.

11. If a child is found to be injured, the child should be treated immediately or sent to the hospital for treatment. If the child's injury is aggravated or serious consequences occur due to failure to receive timely treatment, the first discoverer shall be dealt with as a serious violation of the teacher's ethics and style.

Responsibility to the individual, responsible for this part of the leadership has an unshirkable responsibility, even the principal of the kindergarten to receive punishment, if the situation is serious in charge of your kindergarten education bureau leaders also pursue criminal responsibility, I hope to.

First of all, it is necessary to see whether the teacher was present at the time of the accident and whether the teacher present took timely measures to deal with it.

The next step is to analyze the reasons for the occurrence of liability.

If it is due to improper design considerations such as the facilities of the kindergarten, the kindergarten has an unshirkable responsibility.

If the teacher present mishandled the situation and led to major consequences, then the teacher is more responsible.

Article 7 of the Supreme People's Court's "Interpretation on Compensation for Personal Injuries" stipulates that if a school, kindergarten or other educational institution that has an obligation to educate, manage, or protect minors in accordance with the law fails to perform its relevant obligations within the scope of its duties, causing minors to suffer personal injuries, or minors causing personal injuries to others, it shall bear the liability for compensation corresponding to its fault.

Where a third party's infringement causes minors to suffer personal injury, they shall bear responsibility for compensation. Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

Article 9 Where an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

"Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be "engaging in employment activities".

According to the above provisions, in the kindergarten safety accident should first be borne by the kindergarten, if the kindergarten and the kindergarten teacher has an employment relationship, due to the teacher's intentional or gross negligence caused damages, should be jointly and severally liable with the employer (kindergarten). If the employer (kindergarten) bears joint and several liability, it can recover from the employee (kindergarten teacher).

Article 38 of the Tort Liability Law of the People's Republic of China.

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. Article 39.

Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall be liable. Article 40.

Where a person who lacks or has limited capacity for civil conduct suffers personal injury to a person other than a person outside the kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the tortfeasor shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

1. Literally, schools or other educational institutions should be held responsible, and the legal representative of the kindergarten should be held responsible. 2. Kindergarten students must be incapacitated for civil conduct.

This situation.

It is certainly not one-size-fits-all, it depends on the situation, if the kindergarten has management loopholes, or the facilities have potential safety hazards, the kindergarten must be responsible, such as the facilities are angular, the toys purchased by the kindergarten are not qualified, the stairs are too high, if it is because the teacher has not fulfilled the duty of care, it must be the responsibility of the teacher.

Sometimes these responsibilities are difficult to divide, so it depends on the two sides to negotiate with each other, the general small things should not be, a big accident needs to analyze the causes, the key is to usually record some kindergarten management, facility loopholes, when needed to take out the use.

If it involves the issue of compensation, according to the legal principle, the kindergarten should compensate the parents, and then divide the responsibility within the kindergarten, if the teacher directly compensates the parents, it is not clear.

The executive director and the kindergarten are a whole, and the kindergarten must be primarily responsible, because if the child has an accident in the kindergarten, the kindergarten will be responsible for compensation, and the executive director is the person in charge, and he bears the primary responsibility.

If there is a safety accident in the kindergarten, the dean and the kindergarten share their responsibilities, because the dean is responsible for management, so he is fully responsible.

It depends on whether the safety accident is the responsibility of the executive principal, or the responsibility of the kindergarten, so the responsibility should be different.

In the event of a safety accident in a kindergarten, a child suffers personal injury, a kindergarten, school or other educational institution shall bear tort liabilityOnly those who prove that they have fulfilled their educational and management responsibilities will not bear tort liability.

According to the 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 establishment shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Other provisions regarding kindergartens.

Regulations on the management of kindergartens.

Article 28: In any of the following circumstances, units or individuals who violate these Regulations are to be given administrative punishments such as warnings or fines by the administrative departments for education to the directly responsible personnel, or the administrative departments for education are to recommend that the relevant departments give administrative sanctions to the responsible personnel.

1) Corporal punishment or covert corporal punishment of young children;

2) Using toxic or harmful substances to make teaching aids or toys;

C) deduction, misappropriation of kindergarten funds;

D) encroachment, destruction of kindergarten buildings, equipment;

E) interfere with the normal work order of the kindergarten;

F) around the kindergarten set up dangerous, polluting or affect the kindergarten lighting of the construction and facilities.

Where the circumstances listed in the preceding paragraph are serious and constitute a crime, the judicial organs are to pursue criminal responsibility in accordance with law.

The above content refers to China** Network - Civil Code of the People's Republic of China.

According to Article 9 of the Measures for the Handling of Student Injury Accidents, the school shall bear corresponding responsibility for student injury accidents caused by one of the following circumstances:

1) The school's school buildings, grounds, and other public facilities, as well as the school's educational tools, education, teaching, and living facilities, and equipment provided to students for use, do not meet the standards provided by the state, or have obvious unsafe factors;

2) There are obvious omissions in the school's safety management systems such as for safety and security, fire protection, and facilities and equipment management, or management is chaotic, and there are major potential safety hazards, and measures are not taken in a timely manner;

3) The medicines, food, drinking water, and other medicines, food, and drinking water provided by the school to students do not meet the standards and requirements of the state or industry;

4) Schools organize students to participate in educational and teaching activities or extracurricular activities, but fail to conduct corresponding safety education for students, and do not employ necessary safety measures within the foreseeable scope;

5) Where the school knows that a teacher or other staff member is suffering from an illness that is unfit for education and teaching work, but fails to take necessary measures;

6) Schools violate relevant provisions by organizing or arranging for minor students to engage in labor, sports, or other activities that are inappropriate for minors to participate in;

7) Students with special constitutions or specific diseases that are not suitable to participate in certain educational and teaching activities, and the school knows or should know about it, but does not pay the necessary attention;

8) Where a student suddenly falls ill or is injured while at school, and the school discovers it, but fails to promptly take corresponding measures based on the actual situation, resulting in aggravated negative consequences;

9) School teachers or other staff corporal punishment or covert corporal punishment of students, or violating work requirements, operating procedures, professional ethics, or other relevant provisions in the course of performing their duties;

10) During the period of their duties to organize and manage minor students, school teachers or other staff discover that students' conduct is dangerous, but fail to carry out necessary management, warnings, or stops;

11) Where the school discovers or knows of information directly related to the student's physical safety, such as a minor student's leaving school without authorization, but fails to promptly inform the minor student's guardian, causing the minor student to be harmed as a result of leaving the guardian's protection;

12) The school has other circumstances in which it has not performed its duties in accordance with law. Article 38th kindergarten injury accidents, should be based on the characteristics of the child as a completely incapacitated person, with reference to these measures.

If the child falls and injures himself in the kindergarten, the kindergarten cannot prove that he is not at fault, and he needs to be held 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.

Article 1209 of the Civil Code provides that if the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of the party responsible for the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.