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Colleges and universities reported that student dormitories had fallen, what was the truth of the matter? What is the responsibility of the College? At present, the vital signs of the students involved have gradually returned to stability.
When netizens saw this news, they were very angry, because every year we encounter college students falling from the building, and many schools give very ambiguous answers, so this has caused a high degree of dissatisfaction among netizens and students' parents, many parents feel that sending students to school is to study, but they did not expect that there have been more and more student falling incidents in recent years, which makes many parents worry about whether students are going to study or suffer these injuries in school.
So this matter has attracted everyone's attention more and more, the specific truth, our relevant departments are still under investigation, many netizens feel that the school has serious dereliction of duty, because in the face of the safety of students' lives, there is no good obligation to protect, over the years there have been students falling from the building, why have colleges and universities never made a more secure guarantee? If the college can not attract attention, then similar incidents may still break out, I hope that the college can reasonably solve this matter and give you a reasonable explanation, and also hope that our relevant departments will carry out a strong supervision of the school, so as to create a safe and efficient learning environment for students.
At the same time, I also hope that our school can attach great importance to the safety of students, because similar things have happened in recent years, and the time is very much, and it will be a very big loss for the students of our school, I hope that our school leaders can pay attention to this matter, and train our counselors and teachers accordingly, so that our teachers can also pay attention to it, so that we can provide students with a safe, efficient and secure living environment and learning environment as much as possible. In this way, parents can feel confident that they will hand over their students to the school.
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The truth of the matter is that the student was living on the 6th floor of the dormitory, because of the great pressure in his heart, he couldn't think about it for a while, which led to such a thing, and the school should bear the main responsibility for this matter, because the school was not well supervised.
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The truth of the matter may be that they had a conflict and fell from the building due to shirking with others; The school will also take some responsibility to reassure the child's parents and make compensation.
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The truth is that the man may have been emotionally affected, which is why he jumped off the building. The school should compensate the student for all business losses, but also for the student's medical expenses.
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According to the relevant provisions of the Civil Code, college students are persons with full capacity for civil conduct and have complete cognitive ability to things, and if a college student unfortunately falls unexpectedly, the university as an educational institution shall not be liable for compensation. However, if an accident occurs at the school for persons with no or limited capacity for civil conduct, the school shall, in principle, bear tort liability.
[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 1,200.
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.
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Whether the school is responsible for the injury accidents of students during the school period depends on whether the school has fulfilled its educational and management responsibilities; If the school has fulfilled its educational and management responsibilities, it can be exempted from liability; If they fail to fulfill their duties of education and management, they shall bear corresponding civil liability.
Article 24 of the Compulsory Education Law of the People's Republic of China stipulates that schools shall establish and improve safety systems and emergency response mechanisms, conduct safety education for students, strengthen management, eliminate hidden dangers in a timely manner, and prevent accidents.
In the case of student injury accidents caused by the fault of the school, students, or other relevant parties, the relevant parties shall bear corresponding responsibility according to the proportion of the degree of fault of their conduct and the causal relationship between it and the consequences of the harm. The conduct of the parties is the main cause of the occurrence of harmful consequences, and shall bear primary responsibility; If the conduct of the parties is not the main cause of the occurrence of the harmful consequences, they shall bear the corresponding responsibility.
Article 9 stipulates that the school shall bear corresponding responsibility for the injury of a student caused by one of the following circumstances in accordance with the law:
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 relevant 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) The school knows that teachers or other staff are suffering from illnesses that are unfit for education and teaching work, but have not taken 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 have a special constitution or a specific illness that makes it unsuitable to participate in certain educational and teaching activities, and the school knows or should know about it, but fails to 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.
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If the suicide of a college student jumping off a building is a unilateral act, and the university is not at fault for fulfilling the relevant established obligations, it is neither necessary to bear civil liability nor be investigated for criminal liability. However, in practice, colleges and universities will generally give a certain amount of compensation to the family of the deceased, which is voluntary compensation and does not belong to the fulfillment of statutory compensation obligations.
Article 12 of the Measures for the Handling of Student Injury Accidents of the Ministry of Education stipulates:
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, 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.
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As long as the school is not at fault for the death of a college student, it does not need to be held liable.
Because college students are already adults and have full capacity for civil conduct, they should be responsible for their own civil acts, and the school does not need to be responsible for the harm they suffer caused by non-school reasons or faults.
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It does have a certain relationship with the school.
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Yes and the school is responsible.
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There is a certain amount of responsibility.
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