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The class was punished and squatted, and the 14-year-old junior high school student fell to his death from the sixth floor, and the school should bear a certain responsibility, that is, for the old teacher, the school also has a certain responsibility. Because it is inevitable that children make mistakes in the classroom, then as a teacher, they should also educate children correctly and in a timely manner, rather than taking such a way, because each of us also has their own self-esteem, so children's self-esteem is very fragile, many times, teachers should also learn to protect children's self-esteem, so that the teacher's approach to children hurts the child's own self-esteem. This teacher's approach is also very disrespectful to students, and many times, in front of so many students, the teacher should also master the correct way to educate children, so that the children can accept it. <
I hope that every teacher must be more tolerant of their students, and more patient with children, many times, children also know everything, they don't say anything they don't understand, for many things, in fact, as long as teachers and students explain the truth in this matter carefully, in fact, children don't understand, they can also understand, so I also hope that teachers, in terms of educating children, It is also necessary to find a suitable way to educate children. <
Let the children also feel that the teachers are also because their future is good, not that they are harming them, and talk to the children well. <>
Therefore, to sum up, the school should bear some responsibility for the 14-year-old junior high school student who fell to his death from the sixth floor when the class punishment squatted.
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What is the reason for this score, is it a normal squat or forced, or is it a variety of reasons that cause the child to fall from the building? Or the teacher or something specifically aimed at him, then it depends on how the law sentences, after all, life is important, and the rest of the tuition must be refunded, and so on.
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I think the main responsibility lies with the school. If the teacher had not punished, the student would not have fallen to his death from the sixth floor, so this is cause and effect. The Ministry of Education should pay more attention to the physical and mental health of minors, and focus on enlightening children with poor psychological capacity.
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The school should bear the main responsibility because the school cannot punish the student, and it should be made clear to the student that the student cannot be punished.
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Legal Analysis: The school has supplementary responsibilities for students falling from buildings at school. When students are on campus, the school has the obligation to supervise their activities as necessary and to ensure their personal safety.
However, the school is not solely responsible, and will divide the responsibility according to the subjective degree of the suicide. According to the provisions of the Civil Code of the People's Republic of China, if a person without capacity for civil conduct suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, if it can be proved that they have fulfilled their educational and management duties, they shall not bear the liability for infringement and shall be subject to concurrent judgments.
Legal basis: Article 1199 of the Civil Code of the People's Republic of China, if a person without capacity for civil conduct suffers personal injury during his 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 1200 of the "Civil Code of the People's Republic of China" provides that 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 and management duties, it shall bear tort liability.
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Generally speaking, if a student falls from a building at home, the school should not be responsible, and the key is to see whether the child's last words will involve the school.
Legal analysis
Generally speaking, there is no fault, but the cause of suicide should be investigated and comprehensively analyzed and judged. If the school has performed its duties and has not acted improper, it shall not be held legally responsible for the injury accident caused by any of the following circumstances:
1) Caused by natural factors such as lightning strikes, platform winds, floods, etc.; (2) Caused by sudden or occasional harm from outside the school; (3) The student has a specific constitution, a specific disease, or an abnormal psychological state that the school does not know about or is difficult to know; (4) Students commit suicide or self-harm; (5) Accidental injuries occur in confrontational or risky sports competitions; (6) Caused by other unexpected factors. Under certain conditions, even if a student is injured in an accident, the school will not be liable for compensation, which is the exemption of the school's liability. The student or the guardian of the minor student has other faults.
Responsibility for these accidents shall be borne by the student or the guardian of the minor student. Short Answer: The school is not responsible for personal accidents caused by the responsibility of students and their guardians. Accidents of students and guardians refer to accidents in which the school is not at fault, but is caused by the student's own negligence or the failure of the guardian to fulfill his or her guardianship responsibility, and the damage shall be borne by the student.
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.
Article 1200:Where persons with limited capacity for civil conduct suffer physical harm while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear tort liability.
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Under normal circumstances, the school is not responsible for the death of a student who falls into the school, but if it is an accident or a student commits suicide, the school does not control the demolition law. However, if the school fails to repair the defects of the facility walls in a timely manner due to improper school management, or if the students are in an abnormal state, the school discovers or should have discovered it, but did not take measures, the school needs to be held responsible.
Legal basis
Article 1201 of the Civil Code: Where a person who lacks or has limited capacity for civil conduct is injured by a third party other than a kindergarten, school or other educational institution while studying or living in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or educational institutions may recover from a third party after assuming supplementary liability.
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Summary. If there is evidence that there is a certain relationship between the school and the student jumping off the building, the school should bear the corresponding responsibility.
Students jump off buildings at school, and the school should take those responsibilities.
If there is evidence that there is a certain relationship between the school and the student jumping off the building, the school should bear the corresponding responsibility.
The law stipulates: Article 1199 of the Civil Code of the People's Republic of China [Presumption of Fault of Educational Institutions] Where a person without civil capacity suffers personal injury during his or her study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, if it can be proved that it has fulfilled its educational and management duties, it shall not bear tort liability. Article 1200: [Fault Liability of Educational Establishments]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 bear tort liability.
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Legal analysis: The school will bear part of the responsibility, and the main responsibility needs to be investigated and judged. If the school is at fault in the way of education or management, it should bear the corresponding responsibility.
Legal basis: Measures for the Handling of Student Injury Accidents
Article 12 In the case of a student injury accident caused by one of the following circumstances, the school has performed the corresponding duties, and the behavior is not improper, there is no legal responsibility:
1) Caused by natural factors such as lightning strikes, typhoons, floods, etc.;
(2) Caused by sudden or occasional harm from outside the school;
(3) The student has a specific constitution, a specific disease, or an abnormal psychological state that the school does not know about or is difficult to know;
(4) Students commit suicide or self-harm;
(5) Accidental injuries occur in confrontational or risky sports competitions;
(6) Caused by other unexpected factors.
Article 13: In the following circumstances, where the school does not conduct an accident that causes personal injury to students, it does not bear responsibility for the accident; Responsibility for the accident shall be determined in accordance with relevant laws, regulations or other relevant provisions
1) Occurs on the way to school, school, school, or school on the student's own;
2) Occurs during the period when the student goes out on his own or leaves the school without authorization;
3) Outside of school working hours, such as after school, holidays, or holidays, students stay at school or come to school on their own;
4) Other occurrences outside the scope of the school's management duties.
Article 14: Where students' physical harm is caused by personal conduct of school teachers or other staff unrelated to their duties, or by illegal or criminal conduct intentionally carried out by students, teachers, or other individuals, the person causing the harm bears corresponding responsibility in accordance with law.
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When parents send their children to school, they expect the school teachers to be able to discipline the child's going. But parents forget that if the teacher is allowed to discipline, if the child has any problems, then the teacher will definitely be responsible. Therefore, parents must establish a lot of self-confidence for their children in ordinary times, and do not let them directly want to give up their lives after encountering some criticism and setbacks, and the idea of suicide appears.
This makes parents unacceptable, and the school will not bear any responsibility, which will only make them very sad. Today's minors are becoming more and more psychologically mature and have their own ideas。Once those teachers criticize him or beat and scold him, then they will cause certain psychological problems, so that they want to commit suicide, which no one can prevent.
But if someone had persuaded him at the time and understood his psychological process, maybe he would not have done such a thing. On December 8, 2029, a little boy jumped off a building in Guangdong, when he died after jumping from the building. The family must have been very sad when they heard about such a thing.
And at that time, it was revealed that it was because of his homeroom teacher's criticism of the child that this situation occurred. So the parents blamed the teacher for everything, thinking that the teacher criticized the child to cause this situation. But when the police interrogated the case, they claimed that the criticism was not very wrong and should not have led to the death of a person.
The main reason is that the child has psychological problems that will cause his death. Therefore, these cases should not be criminal cases, they are suicides.
It was very normal for this little boy to do such a thing before. And his classmates didn't notice that this kid had such a move, but he didn't expect to jump out of the guardrail and jump from the upstairs when he was preparing for class. Many students were shocked after seeing such a move.
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It depends on what mistakes the student has made in school, on the one hand, the teacher has the responsibility to criticize, on the other hand, it depends on what the teacher says, if it is just what the class teacher said that should be said, then the responsibility does not lie with the class teacher, the current students in the school teachers dare not criticize, parents at home do not dare to scold, now this society is mainly affected by mobile phones, because such a big student can say that everyone has a mobile phone, often these mobile phones hurt them, Therefore, I hope that every parent and teacher prohibits students from playing with mobile phones, so that they can understand the reason.
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Personally, I think that the head teacher is indeed a little responsible, but the main responsibility for the accident still lies with the students themselves, because the current students' psychological tolerance is too poor, and their self-esteem is too strong, which is really difficult to educate.
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I think that the teachers in the school have a certain responsibility, because the teachers criticize too harshly, which causes the children to be psychologically fragile and unable to accept such a thing.
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I think the class teacher and the parents are responsible, but it is really difficult to divide, because the head teacher did not name the criticism or verbal insults, but just reminded the student, and it can only be said that the student's psychological tolerance and pressure resistance are poor.
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The class teacher, students, and parents are all responsible for this matter, the class teacher did not communicate well, the parents did not find out the child's emotions in time, and the child's own emotions were not well controlled.
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Today's students can't stand the wind and rain, and they are too well protected by their parents and grandparents, and they can't stand the blows from the outside, which is related to parent education, and I personally think that there is nothing wrong with teachers being strict, as long as they don't beat students with corporal punishment.
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