Chapter I General Provisions

Article 1 These measures are formulated in accordance with 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 for the purpose of actively preventing and properly handling injury accidents of school students and protecting the legitimate rights and interests of students and schools.

Article 2 These Measures shall apply to the handling of accidents that result in personal injury to students in school, which occur in the educational and teaching activities carried out by the school or the activities outside the school organized by the school, as well as in the school buildings, sites, other educational and teaching facilities and living facilities for which the school is responsible.

Article 3 student injury accidents shall be handled in a timely and proper manner in accordance with the principles of law, objectivity, impartiality, reasonableness and Appropriateness.

Article 4 the sponsor of a school shall provide school buildings, venues, other educational and teaching facilities and living facilities that meet the safety standards.

The administrative department of education shall strengthen school safety work, guide schools to implement measures to prevent student injury accidents, guide and assist schools to properly handle student injury accidents, and maintain the normal order of education and teaching in schools.

Article 5 schools shall carry out necessary safety education and self-protection and self-help education for students in school; establish and improve safety system and take corresponding management measures to prevent and eliminate potential safety hazards existing in education and teaching environment in accordance with regulations; take timely measures to rescue injured students in case of injury accidents.

In order to carry out safety education, management and protection for students, schools should adopt corresponding contents and preventive measures according to their age, cognitive ability and legal capacity.

Article 6 students shall abide by the rules and regulations and disciplines of the school; at different stages of education, they shall avoid and eliminate corresponding dangers according to their own age, cognitive ability and legal capacity.

Article 7 the parents or other guardians of minor students (hereinafter referred to as guardians) shall perform their guardianship duties in accordance with the law and cooperate with the school in safety education, management and protection of students.

The school shall not bear the responsibility of guardianship of the underage students, unless it is stipulated by law or the school is entrusted to bear the corresponding guardianship according to law.

Chapter II accidents and responsibilities

Article 8 the liability for student injury accidents shall be determined according to the causality between the acts of the parties concerned and the consequences of the injury.

If a student injury accident is caused by the fault of a school, a student or other relevant parties, the relevant parties shall bear the corresponding responsibility according to the proportion of their fault degree and the causal relationship between their behavior and the damage consequences. The behavior of the parties is the main cause of the damage consequences and should bear the main responsibility; the behavior of the parties is the non main factor of the damage consequences and should bear the corresponding responsibility.

Article 9 the school shall bear the corresponding responsibility according to law for the student injury accident caused by one of the following circumstances:

（1） The school buildings, sites and other public facilities, as well as the learning tools, educational and living facilities and equipment provided by the school for students, do not meet the standards set by the state, or there are obvious unsafe factors;

（2） There are obvious omissions in the school's security, fire control, facilities and equipment management and other safety management systems, or the management is chaotic, and there are major potential safety hazards, but no timely measures are taken;

（3） The drugs, food and drinking water provided by the school to the students do not meet the relevant national or industrial standards and requirements;

（4） The school organizes students to participate in educational and teaching activities or extracurricular activities, fails to carry out corresponding safety education for students, and fails to take necessary safety measures within the foreseeable scope;

（5） The school knows that the teachers or other staff members are suffering from diseases unsuitable for education and teaching, but fails to take necessary measures;

（6） In violation of relevant regulations, schools organize or arrange minor students to engage in labor, sports or other activities that are not suitable for minors to participate in;

（7） Students with special physique or specific diseases are not suitable to participate in certain educational and teaching activities, and the school knows or should know, but fails to pay necessary attention to them;

（8） The school finds out the sudden illness or injury of the students in school, but fails to take corresponding measures in time according to the actual situation, resulting in the aggravation of the adverse consequences;

（9） School teachers or other staff members punish students physically or in disguised form, or violate work requirements, operating procedures, professional ethics or other relevant regulations in performing their duties;

（10） When a school teacher or other staff member finds that a student's behavior is dangerous during the period when he is responsible for organizing and managing the underage students, he fails to carry out necessary management, admonishment or stop;

（11） The school finds or knows the information directly related to the personal safety of the minor students, such as leaving school without authorization, but fails to inform the guardian of the minor students in time, resulting in the injury of the minor students due to the absence of the guardian's protection;

（12） There are other circumstances in which the school fails to perform its duties according to law.

Article 10 a student or guardian of a minor student who, due to his fault, has one of the following circumstances and causes an injury accident to a student shall bear the corresponding responsibility according to law:

（1） Students violate the provisions of laws and regulations, violate the social public code of conduct, school rules and regulations or disciplines, and carry out behaviors that they should know are dangerous or may endanger others according to their age and cognitive ability;

（2） Students' behaviors are dangerous and have been warned and corrected by schools and teachers, but students do not listen to dissuasion and refuse to correct;

（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 guardian knows or has been informed by the school that the physical condition, behavior, emotion, etc. of the minor students are abnormal, but fails to perform the corresponding duty of guardianship;

（5） The student or guardian of a minor student has other faults.

Article 11 If a school arranges for students to participate in activities and the business operators who provide venues, equipment, means of transportation, food and other consumption and services, or the organizers of activities outside the school are at fault, the parties at fault shall bear corresponding responsibilities according to law.

Article 12 If the school has fulfilled its duties and has not acted improperly, it shall have no legal liability for any student injury accident caused by one of the following circumstances:

（1） Earthquake, lightning strike, typhoon, flood and other irresistible natural factors;

（2） It is caused by sudden and accidental infringement from outside the school;

（3） Students have special physique, specific diseases or abnormal psychological state, which the school does not know or is difficult to know;

（4） Students commit suicide or hurt themselves;

（5） Accidental injury occurs in antagonistic or risky sports competition activities;

（6） Other unexpected factors.

Article 13 the school shall not be liable for any accident that results in personal injury to students under the following circumstances, if the school has not acted improperly; the responsibility for the accident shall be determined in accordance with the relevant laws and regulations or other relevant provisions:

（1） On the way of students' going to school, leaving school, returning to school or leaving school by themselves;

（2） During the period when students go out on their own or leave school without authorization;

（3） After school, holidays or other school working hours, students stay in school or go to school by themselves;

（4） Other things that happen outside the scope of school management responsibilities.

Article 14 If a student's personal injury is caused by an individual act of a school teacher or other staff member that has nothing to do with his or her duties, or by an illegal or criminal act intentionally committed by a student, teacher or other individual, the person causing the injury shall bear the corresponding responsibility according to law.

Chapter III accident handling procedures

Article 15 in case of an injury accident to a student, the school shall rescue the injured student in time and inform the guardian of the minor student in time; if conditions permit, emergency rescue and other means shall be adopted.

Article 16 If a student injury accident is serious, the school shall report it to the competent administrative department of education and other relevant departments in a timely manner; if it is a major casualty accident, the administrative department of education shall report it to the people's government at the same level and the administrative department of education at the next higher level in accordance with the relevant provisions.

Article 17 the administrative department in charge of education of a school may, at the request of the school or as it deems necessary, direct and assist the school in handling the accident, so as to restore the normal order of education and teaching in the school as soon as possible.

Article 18 in case of a student injury accident, the school and the injured student or the student's parents may settle the problem through consultation; both parties may, on their own initiative, request in writing the competent administrative department of education for mediation.

The guardian of an adult student or a minor student may also file a lawsuit directly according to law.

Article 19 when the administrative department of education receives an application for mediation and considers it necessary, it may appoint special personnel to mediate, and shall complete the mediation within 60 days from the date of accepting the application.

Article 20 after mediation by the administrative department of education, if both parties reach an agreement on the handling of the accident, a mediation agreement shall be signed in the presence of the mediators to end the mediation; if both parties fail to reach an agreement within the mediation period, or if one party brings a lawsuit during the mediation process and the people's court has accepted it, the mediation shall be terminated.

When mediation is over or terminated, the administrative department of education shall notify the parties in writing.

Article 21 If one party fails to perform or reneges on an agreement reached through mediation, both parties may bring a lawsuit according to law.

Article 22 at the end of handling an accident, the school shall report in writing the result of handling the accident to the administrative department of education in charge; the administrative department of education in charge of the school shall report the result of handling a major casualty accident to the people's government at the same level and the administrative department of education at the next higher level.

Chapter IV compensation for accident damages

Article 23 the organization or individual responsible for the 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 standard of compensation for student injury accidents shall be determined in accordance with the relevant administrative regulations, local regulations or the relevant provisions in the judicial interpretation of the Supreme People's court.

When the administrative department of education mediates, if it thinks that the school is responsible, it may put forward corresponding mediation plans in accordance with relevant laws and regulations and the relevant provisions of the state.

Article 25 If there is a dispute over the degree of disability of an injured student, the local hospital or relevant institution with corresponding qualification may be entrusted to carry out the appraisal in accordance with the standards for human disability set by the state.

Article 26 If a school is responsible for an injury accident to a student, it shall make appropriate economic compensation according to the extent of the responsibility, but shall not undertake other matters such as household registration, housing and employment that are not directly related to the rescue of the injured student and the compensation for the corresponding economic losses.

If the school has no responsibility, it can give appropriate help to the injured students according to the actual situation and the principle of voluntariness and possibility.

Article 27 If a student's injury accident is caused by the intentional or gross negligence of a school teacher or other staff member in the performance of his duties, the school may recover the compensation from the relevant responsible person after making compensation.

Article 28 If a minor student is responsible for the student's injury accident, his guardian shall bear the corresponding liability for compensation according to law.

If a student's act infringes upon the legitimate rights and interests of school teachers and other staff members, as well as other organizations and individuals, causing losses, the guardian of an adult student or a minor student shall make compensation according to law.

Article 29 according to the agreement reached by both parties, the agreement reached through mediation or the effective judgment of the people's court, the school shall be responsible for raising the compensation that should be borne by the school; if the school is unable to raise the compensation completely, the competent department or the sponsor of the school shall assist in raising the compensation.

Article 30 the administrative department of education of the people's government at or above the county level or the school sponsor may, if conditions permit, raise damages in accordance with the law by setting up reserve funds for student injury compensation or other forms.

Article 31 If a school has conditions, it shall participate in the school liability insurance in accordance with the relevant provisions of the insurance law.

The administrative department of education may, according to the actual situation, encourage primary and secondary schools to take part in school liability insurance.

Students are encouraged to take part in accident insurance voluntarily. On the premise of respecting students' wishes, schools can create convenient conditions for students to participate in accidental injury insurance, but they can not charge any fees.

Chapter V handling of the person responsible for the accident

Article 32 If a school is responsible for a student injury accident and the circumstances are serious, the administrative department of education shall, in accordance with the relevant provisions, give corresponding administrative sanctions to the person in charge of the school who is directly responsible and other persons who are directly responsible; if the act of the person in charge violates the criminal law, he shall be transferred to the judicial organ for investigation of criminal responsibility according to law.

Article 33 If the management of a school is chaotic and there are major potential safety hazards, the competent administrative department of education or other relevant departments shall order it to rectify within a time limit; if the circumstances are serious or it refuses to make corrections, corresponding administrative penalties shall be imposed in accordance with the relevant provisions of laws and regulations.

Article 34 If the administrative department of education fails to perform its corresponding duties and is responsible for the occurrence of student injury accidents, the relevant departments shall give corresponding administrative sanctions to the person in charge who is directly responsible and other persons who are directly responsible respectively; if the act of the person in charge violates the criminal law, he shall be transferred to the judicial organ for investigation of criminal responsibility according to law.

Article 35 If a student violates school discipline and is responsible for causing an injury accident to a student, the school may give corresponding punishment; if he violates the criminal law, the judicial organ shall investigate his criminal responsibility according to law.

Article 36 If the guardians, relatives or other relevant personnel of an injured student make trouble without reason in the course of handling the accident, disrupt the normal order of education and teaching in the school, or infringe upon the legitimate rights and interests of the school, its teachers or other staff members, the school shall report to the public security organ for handling according to law; if losses are caused, the school may claim compensation according to law.

Chapter VI supplementary provisions

Article 37 schools mentioned in these Measures refer to full-time primary and secondary schools (including special education schools), all kinds of secondary vocational schools and institutions of higher learning run by the state or social forces.

The term "students" as mentioned in these Measures refers to the full-time students in the above schools.

Article 38 children's injury accidents in kindergartens shall be handled with reference to these measures according to the characteristics of children who are totally incapacitated.

Article 39 student injury accidents in other educational institutions shall be handled with reference to these measures.

Injury accidents of other educatees registered in schools within the scope of school administration shall be handled with reference to these measures.

Article 40 these Measures shall come into force on September 1, 2002. In case of any inconsistency between the provisions concerning the handling of students' personal safety accidents promulgated by the former State Education Commission and the Ministry of education and these measures, these Measures shall prevail.

Before the implementation of the measures, the student injury accidents that have been dealt with will not be dealt with again.