General

Article 1

These Measures are formulated on the basis of the "Education Law of the People's Republic of China", the "Law of the People's Republic of China on the Protection of Minors" and other relevant laws, administrative regulations, and relevant provisions, so as to actively prevent and properly handle injuries to students at school, and to protect the lawful rights and interests of students and schools.

Article 2

These Measures apply to the handling of accidents that occur in school buildings, venues, other educational and teaching facilities, or living facilities for which the school has management responsibility, and that cause personal injury to students at school.

Article 3

Student injury accidents shall follow the principles of lawfulness, objectivity, fairness, reasonableness and appropriateness, and be handled in a timely and appropriate manner.

Article 4

The organizers of schools shall provide school buildings, venues, and other educational and teaching facilities and living facilities that meet safety standards.

The administrative departments for education shall strengthen school safety efforts, guide schools in implementing measures to prevent student injury accidents, guide and assist schools in properly handling student injury accidents, and maintain the school's normal education and teaching order.

Article 5

Schools shall conduct necessary safety education and self-protection and self-rescue education for students in school; In accordance with regulations, establish and improve safety systems, and adopt corresponding management measures to prevent and eliminate potential safety hazards in the education and teaching environment; When an injury accident occurs, measures shall be taken to rescue the injured student in a timely manner.

Schools conducting safety education, management, and protection of students shall employ corresponding content and preventive measures based on differences in students' age, cognitive capacity, and legal capacity.

Article 6

Students shall abide by the rules and regulations and discipline of the school; At different stages of education, the corresponding dangers should be avoided and eliminated according to one's age, cognitive ability and legal capacity.

Article 7

Parents or other guardians of minor students (hereinafter referred to as guardians) shall perform guardianship duties in accordance with law, and cooperate with schools in carrying out safety education, management, and protection efforts for students.

Schools do not bear guardianship duties for minor students, except in circumstances where the law provides for them or where the school accepts the entrustment to undertake corresponding guardianship duties in accordance with law.

Accident liability

Article 8

Where an accident involving a student is injured, causing personal injury to a student, the school shall bear the corresponding responsibility for the accident in accordance with the provisions of the Tort Liability Law of the People's Republic of China and relevant laws and regulations.

Article 9

Schools shall bear corresponding responsibility for student injury accidents caused by any of the following circumstances in accordance with law:

(1) The school's school buildings, grounds, and other public facilities, as well as the learning tools, education, teaching, and living facilities and equipment provided by the school 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 do not 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 members are suffering from illnesses that are unfit to serve in education and teaching work, but fail 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 have a specific constitution or a specific disease that is not suitable for participating 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 employ corresponding measures based on the actual situation, causing the negative consequences to be aggravated;

(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 is aware 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 10

In any of the following circumstances, where a student or a minor student's guardian is at fault, causing an accident of injury to a student, they shall bear corresponding responsibility in accordance with law:

(1) Students violate the provisions of laws and regulations, the social and public code of conduct, the school's rules and regulations, or discipline, and carry out conduct that they should know to be dangerous or might endanger others based on their age and cognitive ability;

(2) The student's conduct is dangerous, and the school or teacher has already warned or corrected it, but the student does not listen to the dissuasion and refuses to make corrections;

(3) The student or his guardian knows that the student has a special constitution or suffers from a specific disease, but fails to inform the school;

(4) The minor student's physical condition, behavior, emotions, or other abnormal circumstances are known to the guardian or have been informed by the school, but the guardian has not performed the corresponding guardianship duties;

(5) The student or the minor student's guardian has other faults.

Article 11

Where a school arranges for students to participate in activities, and the operator who provides venues, equipment, transportation, food, and other consumption and services, or the organizer of the activity outside the school, causes injury to a student, the party at fault shall bear corresponding responsibility in accordance with law.

Article 12

If the school has performed its duties and has not acted improper, it is not legally responsible for the injury accident caused by any of the following circumstances:

(1) Caused by natural factors such as earthquakes, lightning strikes, typhoons, floods, etc.;

(2) Caused by sudden or occasional sexual assault 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, if the school does not conduct an accident that causes personal injury to a student, it shall 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) Occurs when a student stays at school or arrives at school on their own after school, on holidays, or during holidays or other outside of school working hours;

(4) Other occurrences outside the scope of the school's management duties.

Article 14

Where a student's personal injury is caused by the personal conduct of a school teacher or other staff unrelated to their duties, or as a result of 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.

Accident handling

Article 15

In the event of an accident in which a student is harmed, the school shall promptly rescue the injured student, and shall promptly inform the minor student's guardian; Where there is capacity, emergency rescue and other methods shall be employed.

Article 16

Where student injury accidents occur and the circumstances are serious, the school shall promptly report it to the administrative department in charge of education and relevant departments; Where it is a major casualty accident, the administrative department for education shall, in accordance with relevant provisions, promptly report to the people's government at the same level and the administrative department for education at the level above.

Article 17

At the school's request or deemed necessary, the school's administrative department in charge of education may guide and assist the school in handling the accident, and restore the school's normal education and teaching order as soon as possible.

Article 18

In the event of a student injury accident, the school and the injured student or the student's parents may resolve it through negotiation; Both parties may request in writing the competent administrative department for education to conduct mediation. Adult students or guardians of minor students may also directly file a lawsuit in accordance with law.

Article 19

Where administrative departments for education receive an application for mediation and find it necessary, they may designate specialized personnel to conduct mediation, and shall complete mediation within 60 days of accepting the application.

Article 20

After mediation by the administrative department of education, if the two parties reach an agreement on the handling of the accident, a mediation agreement shall be signed under the witness of the mediator to conclude the mediation; If, within the mediation period, the two parties cannot reach an agreement, or one party initiates a lawsuit during the mediation process, and the people's court has already accepted it, the mediation shall be terminated. Where mediation is concluded or terminated, the administrative departments for education shall notify the parties in writing.

Article 21

If one of the parties fails to perform or renege on an agreement reached through mediation, both parties may file a lawsuit in accordance with law.

Article 22

At the end of the handling of the accident, the school shall report the results of the accident handling in writing to the administrative department in charge of education; The administrative department for education in charge of the school shall report the results of the handling of major casualty accidents to the people's government at the same level and to the administrative department for education at the level above.

Indemnification

Article 23

The organization or individual responsible for the occurrence of a student injury accident shall bear the corresponding liability for damages in accordance with the relevant provisions of laws and regulations.

Article 24

The scope and standards of compensation for student injury accidents shall be determined in accordance with the relevant administrative regulations, local regulations, or relevant provisions in the judicial interpretations of the Supreme People's Court.

When the administrative departments for education conduct mediation, if they find that the school is responsible, they may submit a corresponding mediation plan in accordance with relevant laws, regulations, and relevant state provisions.

Article 25

Where there is a dispute over the degree of disability of the injured student, a local hospital or relevant institution with corresponding appraisal qualifications may be entrusted to conduct an appraisal on the basis of the national standards for physical disability.

Article 26

Where the school is responsible for a student's injury accident, it shall appropriately give economic compensation based on the size of the responsibility, but shall not undertake the settlement of other matters that are not directly related to the rescue of the injured student or compensation for the corresponding economic losses, such as household registration, housing, and employment.

Where the school is not responsible, if there is capacity, it may give appropriate assistance to the injured student based on the actual situation and on the basis of the principle of voluntariness and possibility.

Article 27

After the school compensates for student injuries caused by intentional or gross negligence on the part of school teachers or other staff in the performance of their duties, it may seek compensation from the relevant responsible personnel.

Article 28

Where minor students are responsible for student injury accidents, their guardians are to bear the corresponding liability for compensation in accordance with law.

Where students' conduct infringes upon the lawful rights and interests of school teachers and other staff, as well as other organizations or individuals, causing harm, the adult students or guardians of minor students shall compensate them in accordance with law.

Article 29

The school shall be responsible for raising compensation that shall be borne by the school on the basis of the agreement reached between the two parties, the agreement formed through mediation, or the effective judgment of the people's court; Where the school is unable to fully raise funds, the competent departments of the schools or the organizers are to assist in fundraising.

Article 30

Where the administrative departments for education of people's governments at the county level or above or school organizers have the capacity, they may raise compensation for injuries in accordance with law through various forms such as the establishment of a reserve fund for compensation for student injuries.

Article 31

Where schools have the capacity, they shall participate in school liability insurance in accordance with the relevant provisions of the Insurance Law.

The administrative departments for education may, on the basis of actual conditions, encourage primary and secondary schools to participate in school liability insurance.

Students are encouraged to voluntarily participate in accident insurance. On the premise of respecting the student's wishes, the school may create convenient conditions for the student to participate in accident insurance, but shall not charge any fees from it.

Liability Handling

Article 32

In the event of an accident involving injury to a student, where the school bears responsibility and the circumstances are serious, the administrative department for education shall, in accordance with relevant provisions, give corresponding administrative sanctions to the school's directly responsible managers and other directly responsible personnel; Where the conduct of the responsible person violates the criminal law, it shall be transferred to the judicial organs to be investigated for criminal responsibility in accordance with law.

Article 33

Where school management is chaotic and there are major potential safety hazards, the administrative department in charge of education or other relevant departments shall order it to rectify within a set period of time; Where the circumstances are serious or corrections are refused, corresponding administrative punishments shall be given in accordance with the relevant provisions of laws and regulations.

Article 34

Where the administrative departments for education fail to perform their corresponding duties and are responsible for the occurrence of student injury accidents, the relevant departments shall give corresponding administrative sanctions to the directly responsible managers and other directly responsible personnel; Where the conduct of the responsible person violates the criminal law, it shall be transferred to the judicial organs to be investigated for criminal responsibility in accordance with law.

Article 35

Students who violate school discipline and are responsible for causing student injuries may be given corresponding sanctions; Where the criminal law is violated, the judicial organs shall pursue criminal responsibility in accordance with law.

Article 36

Where the guardians, relatives, or other relevant persons of the injured students make unreasonable disturbances in the course of handling the accident, disrupt the normal order of education and teaching of the school, or infringe upon the lawful rights and interests of the school, school teachers, or other staff, the school shall report to the public security organs for handling in accordance with law; Where losses are caused, compensation may be demanded in accordance with law.

Supplementary Provisions

Article 37

"Schools" as used in these Measures refers to full-time primary and secondary schools (including special education schools), all types of secondary vocational schools, and schools of higher learning organized by the state or social forces. The term "students" in these measures refers to those who are enrolled full-time in the above-mentioned schools.

Article 38

Kindergarten injury accidents, should be based on the characteristics of the child as a completely incapacitated person, with reference to these measures.

Article 39

Student injury accidents that occur in other educational institutions are to be handled with reference to these Measures.

Injuries and accidents that occur within the scope of the school's management by other persons registered with the school shall be handled with reference to these Measures.

Article 40

These measures shall be implemented as of September 1, 2002, and the provisions related to the handling of students' personal safety accidents promulgated by the former State Education Commission and the Ministry of Education shall prevail if they are inconsistent with these measures.