Compensation after a student fights in class, who will compensate for a student s fight at school

Schools shall bear civil liability in accordance with the principle of fault liability. Article 106 of the General Principles of the Civil Law of the People's Republic of China stipulates that citizens and legal persons who infringe upon the property or person of the state, the collective or others due to their faults shall bear civil liability. Article 160 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation)" stipulates that if a person without capacity for civil conduct living or studying in a kindergarten or school, or a mentally ill person living or studying in a psychiatric hospital, suffers injury or causes damage to others, and the unit is at fault, the unit may be ordered to pay appropriate compensation.

Both of these provisions require that schools and other units should bear civil liability if they are at fault, emphasizing the principle of fault liability. Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, which came into effect on May 1, 2004, stipulates that: "Where a school, kindergarten or other educational institution that has the 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 personal injury to minors, or if minors cause personal injury to others, it shall be liable 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. The regulations clearly stipulate that whether the school is directly liable or bears supplementary liability, the premise must be that the school is at fault, and the principle of fault liability must be determined.

At the same time, the provisions no longer require appropriate compensation, but require corresponding civil liability according to the degree of fault. The key issue in judging the fault standard of a school is how to define "mismanagement". [If the school can prove that it has exercised sufficient care, the party who proves that it is not at fault may be exempted from liability.]

If the school fails to perform a duty of due diligence, it is at fault and shall bear corresponding responsibility for the consequences of the damage in accordance with the law. At the same time, in view of the large differences in the age and intellectual status of students, when determining whether the school has fulfilled its educational management responsibilities, it should not be simply generalized, but should also be judged according to the knowledge and intellectual status of people of different ages, and whether the school needs to bear the corresponding responsibility.

Parents and schools share responsibility.

The school shall be liable for compensation for the fault of the student who fights at school; However, if it is an accident and the school is not at fault, the responsibility is shared between the two parties in accordance with the principle of fairness. The items to be compensated include: medical expenses, nursing expenses, transportation expenses, accommodation expenses, nutrition expenses, mental injury solatium, etc.

Legal basis. Article 1199 of the Civil Code 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 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.

Where a person with limited capacity for civil conduct suffers personal injury during the period of study or life at 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.

Article 1201 of the Civil Code of the People's Republic of China.

Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life 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 other educational institutions may recover compensation from a third party after assuming supplementary liability.

Summary. Students fighting at school need to be divided into circumstances to decide who will pay compensation. The specific situations where students get into fights at school are:

1. Students are adults, such as college students. The person shall be liable for compensation. In general, adult students should have full capacity for civil liability.

2. The student is a minor. According to China's provisions, if a person with no or 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.

Students fighting at school need to be divided into circumstances to decide who will pay compensation. The specific situations of students fighting at school are: 1. Students are adults, such as college students.

The person shall be liable for compensation. In general, adult students should have full capacity for civil liability. 2. The student is a minor.

According to China's regulations, the guardian shall bear tort liability for the suspected loss of damage caused by a person who lacks or has limited capacity for civil conduct. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced.

The guardian shall be liable for compensation for the fight between students at school. Legal basis: "Civil Code of the People's Republic of China" Article 1188 [Guardian's Responsibility] Where a person who lacks the capacity for civil conduct or has a limited capacity for civil conduct causes harm 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.