Preschool Education Who is right and who is wrong in the accident? Accident responsibility in kinder

Two aspects: First, on a case-by-case basis, the parent's behavior is excessive, and if he physically attacks the teacher, he can at least be dealt with in accordance with the public security regulations. Even if you have a big opinion about the teaching method, you must use communication to solve it, otherwise it will only make things worse.

As for teachers grabbing jobs and tearing pentagrams, it should be regarded as improper teaching methods. Second, from the perspective of solving problems, they are all unreasonable. Kindergarten is to make money, and the escalation of the situation, even if it is reasonable, will affect the next enrollment in the kindergarten.

For parents, if they can't communicate with teachers in the right way in this kindergarten, it will be the same if they change places, and the ultimate impact will be on the child's life. They are all adults, but they do things according to the level of kindergarten, which is worth reflecting on. Added:

I'm not in early childhood education, but I like to communicate with children. Early childhood education is not about enlightenment at all, but about discovery. However, we have buried too much in our education now.

If I can substitute for that teacher in that naughty class, I'm absolutely sure that I'll make that class unique. Our classrooms should not be the protagonists of the teachers, but the children are the real protagonists. That naughty kid had the possibility of becoming the protagonist that day, but he was buried by the person who should have found him.

Such a strangulation is really heart-wrenching. If these can resonate with that teacher, I believe that he or she will achieve something soon. Follow-up:

I can convey it to her, hehe, you are very interested in education, I think you are a teacher: I just often look at it from the perspective of a child. I once thought about teaching, but in the end I didn't.

There is a big loss for the education sector.

Hello, know how to cherish you! As the saying goes: It is difficult for a clean official to cut off family affairs!

Based on your description above, it is difficult to imagine the scene and severity of what happened! It is inevitable that children will be naughty, if it is just because the child is naughty, the teacher will"Grab"Go to the child's job bowl and"Torn"The children attach great importance to the cherished pentagram, and I think that this teacher's sense of responsibility and temper are questionable! In the same way, the parents of this child did not communicate with the teacher and spoke badly or even did it, which is a sign of no quality!

I hope that this teacher and parents can take a step back and examine their own behavior and conscience! Follow-up: The matter has come to an end, and when I learned about this incident, I felt that the only thing the teacher knew was that it had hit the child's confidence, and her sense of responsibility and temper I can guarantee is very big-bellied, and I am also a kindergarten teacher, I can fully understand the mood when facing so many children.

The use of tearing up the pentagram is a kind of subconscious punishment, for teachers to beat and scold in teaching is very taboo, the child is not ours, but we have to take care of it, but also let the child know that some things in life are do's or can't. : You're right!

When my child was in kindergarten, he looked at that little five-pointed star more than anything else, and I felt that the only mistake of this teacher was that he hurt the child! I also have a few friends who are preschool educators, and when they are depressed, they will be troubled and depressed. Hehe, I hope this teacher will get out of this confusion as soon as possible and dedicate more love to the children!

I also hope that this parent can get out of this strange circle!Follow-up question: I think this will be the nightmare of her life, what happened is something that cannot be forgotten, rooted somewhere in her heart, even if she wants to escape, as long as she is in this industry for a day, she, I think she will remember it for the rest of her life!

But I also want to say that people are the same, and there is only one thought between wrong and right.

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.

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.

As a kindergarten teacher, you are of course the responsibility of the kindergarten.

If you have significant responsibility, the kindergarten can hold you accountable.

Generally, it is the fault liability. That is, if the teacher fails to perform his supervisory duties well, he or she bears supplementary responsibility.

I don't know what you mean by "security incident". From the perspective of tort civil liability, if the external liability is assumed, because the teacher's behavior is generally the performance of duties, the infringement caused by the kindergarten as a legal person should be borne; If the teacher is recovered after the kindergarten bears the liability for compensation, it depends on whether the teacher has complied with the rules and regulations of the kindergarten, whether he has fulfilled the prescribed obligations, and whether there is gross negligence. If there is no responsibility for complying with it, this can only prove that the rules and regulations of the kindergarten are not sound, on the contrary, the teacher violates the system and does not fulfill his obligations, he must bear the corresponding responsibility.

From the administrative responsibility or criminal responsibility, the unit (kindergarten) is the direct responsibility of the main body, the unit is directly responsible for the person in charge and other directly responsible personnel should bear the corresponding administrative responsibility or criminal responsibility.

The kindergarten must take all the responsibility externally, and if the teacher is at fault, the kindergarten can have recourse.

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.