What should I do if my child is injured by a classmate at school? Is the school legally responsible?

Article 1188 of the Civil Code stipulates that if a person with no or limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. Where guardians fulfill their guardianship responsibilities, 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.

Article 1172 of the Law on Public Security Administration Penalties stipulates that if a person who has reached the age of 14 but is not yet 18 years old violates the administration of public security, the punishment shall be mitigated or commuted; Where persons under the age of 14 violate the administration of public security, they are not to be punished, but their guardians shall be ordered to strictly discipline them.

Where a student is injured by a classmate at school, and the school fails to perform its educational or management duties, it shall bear responsibility.

Article 1199 of the Civil Code stipulates: "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 stipulates: "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." ”

If the school is at fault, the school and the student should share the corresponding responsibility. If the school is not at fault, the student who hit the person should be held responsible. According to the clear provisions of China's law, if a person who lives or studies in a kindergarten or school has no capacity for civil conduct, or a mentally ill person who receives ** in a psychiatric hospital is injured or causes certain damage to other citizens, and the unit is at fault, these units may be ordered to give appropriate compensation to the victim.

The second paragraph of Article 106 of the General Principles of the Civil Law of the People's Republic of China stipulates that "citizens and legal persons shall bear civil liability if they infringe upon the property of the state or collective, or infringe upon the property or person of others due to their faults".

Article 133 of the General Principles of the Civil Law stipulates that if a person who lacks or has limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability.

Article 160 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Enforcement) stipulates: "If a person who is incapacitated for civil conduct living or studying in a kindergarten or school, or a mentally ill person who is mentally ill in a psychiatric hospital, is injured or causes damage to others, and the unit is at fault, the unit may be ordered to pay appropriate compensation. ".

Where the school is at fault and fails to perform its educational or management duties, the school shall bear responsibility together with the person who beat the person. If the school fulfills its educational and management duties, it does not need to be held responsible, and the student who hit the person is liable.

1. When minors cause harm to others, what shall be punished in accordance with the law shall bear civil liability.

If a minor causes harm to others, he or she shall be liable for compensation only if he or she has property of his own, and if his property is insufficient to fully compensate him, his guardian shall make up the shortfall. If a minor causes harm to others, his guardian shall be liable for compensation, which is a no-fault liability, that is, even if the guardian has fulfilled his guardianship responsibility and is not at fault, he shall still be liable for compensation. If a minor causes harm to others, schools, kindergartens and other educational institutions may be liable for compensation, but it is a conditional liability for compensation, and it is a fault liability for compensation, and the prerequisites for the school to bear the liability for compensation are:

failing to fulfill their educational and management duties; Schools, kindergartens and other educational institutions are at fault; Failure to fulfill relevant obligations within the scope of duties.

2. What are the provisions on the division of responsibility for injuries caused by children's fights?

In the case of a fight caused by a civil dispute, the two parties need to bear civil liability for compensation according to the fault of both parties, and generally speaking, the party who makes the first move is more responsible for the fault. Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced.

Where a person without capacity for civil conduct suffers personal injury at school, the school shall bear responsibility, and shall not be liable unless the school can prove that it has fulfilled its educational or management duties.

3. Is the school responsible for falling down at school?

Where a person under the age of eight who lacks the capacity for civil conduct suffers personal injury while living or studying in a school, kindergarten or educational institution, the kindergarten or school shall be liable, unless the school can prove that it has fulfilled its educational management duties. Where a person between the ages of 8 and 18 with limited capacity for civil conduct suffers personal injury while living or studying in a school, kindergarten or educational institution, and the kindergarten or school fails to perform its educational or management duties, it shall bear tort liability.

Civil Code of the People's Republic of China

Article 1200:Restrictions on civil capacity refer to the fact that where a person 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.

Legal analysis: If a child is injured by a classmate at school, the school and the person who hit him should bear tort liability. The law stipulates that if 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.

Unless the school does its duty.

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, if it can be proved that they have fulfilled their educational and management duties, they shall bear tort liability without prior inspection.