Law

Taking the case as a lesson, jointly building a campus security defense line

2024-09-03   

In the golden September, the start of school season arrives as scheduled, and students enter the campus with great anticipation. Campus safety is no small matter. People's Daily Online has compiled several cases and legal regulations related to campus safety, aiming to remind teachers, students, and parents to strictly abide by the safety red line and work together to build a harmonious and safe campus. Campus bullying poses great harm and will be dealt with in accordance with the law. The defendants Zhao, Qian, Sun, and the victim Zhang are all underage students of a certain school. During their school years, Zhao, Qian, and Sun repeatedly used slaps, kicks, and other methods to unreasonably assault and insult Zhang in the student dormitory and classroom, resulting in Zhang being injured. The injuries were assessed as minor, and the campus management order was also greatly affected. During the trial of the case, Zhao, Qian, and Sun all pleaded guilty and accepted punishment; The guardians of Zhao, Qian, Sun, and others jointly compensated Zhang for an economic loss of over 100000 yuan. After trial, the People's Court found that the defendants Zhao, Qian, and Sun repeatedly insulted and beat others at will, and their actions constituted the crime of provoking trouble. Considering that Zhao, Qian, and Sun were all under the age of 18 at the time of their crimes, had a confession of guilt, accepted punishment, and had a good attitude of repentance, their guardians compensated the victims for their economic losses and obtained forgiveness. According to the law, Zhao, Qian, and Sun were sentenced to fixed-term imprisonment for the crime of provocation and disturbance, and were also granted probation. After the verdict, the people's court sent judicial suggestions to the school, suggesting to strengthen legal education, with the joint participation of schools, families, and judicial organs, to comprehensively implement governance and form a joint force to prevent campus bullying at the source. Article 293 of the Criminal Law of the People's Republic of China stipulates that those who engage in any of the following acts of provocation and disturbance, which disrupt social order, shall be sentenced to fixed-term imprisonment of not more than five years, detention or public surveillance: (1) assaulting others at will, with aggravating circumstances; (2) Chasing, intercepting, insulting, or intimidating others, with heinous circumstances; (3) Forcefully taking or arbitrarily damaging or occupying public or private property, with serious circumstances; (4) Making a commotion in a public place, causing serious disorder in the public order. Whoever gathers others to commit the acts mentioned in the preceding paragraph multiple times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined. The parents of the school cannot escape the blame for their child's injury while playing on campus. Yuan and Wei are classmates from a certain elementary school. During the free time of physical education class, the two were playing on the playground when Wei picked up a hard card from the ground and threw it, hitting the left eye of Yuan Moujia, causing injury to his left eye. At the time of the incident, no physical education teacher was seen within the surveillance range. After identification, the disability level of the original left eye visual impairment was level 8, the disability level of the left eye exotropia was level 10, the disability level of the left eye corneal white spot involving the pupil area was level 10, and the disability level of the left eye without a lens was level 10. After trial, the court found that the original injury was directly caused by Wei throwing a card. Wei was over eight years old at the time of the incident and was a person with limited capacity for civil conduct. He should have been aware of the danger of his actions causing injury to others. He threw a card at a place where students gathered and caused injury to others, which was a clear fault. The case occurred during the free time of physical education class, and the school bears regulatory responsibility. At the time of the incident, there were no teachers present, and the school did not fulfill its management responsibilities and should also bear corresponding responsibilities. The court ruled in accordance with the law that Chen and Wei, the guardians of Wei, shall bear 80% of the compensation liability, and the primary school shall bear 20% of the compensation liability. Article 1188 of the Civil Code of the People's Republic of China stipulates that if a person without or with limited capacity for civil conduct causes harm to others, the guardian shall bear the tort liability. If a guardian fulfills their guardianship duties, their liability for infringement may be reduced. Article 1200 of the Civil Code of the People's Republic of China stipulates that if a person with limited capacity for civil conduct suffers personal injury during their study or life in a school or other educational institution, and the school or other educational institution fails to fulfill its educational and management responsibilities, it shall bear tort liability. Without qualifications, it's still overcrowded! Black school bus cannot be taken! Hao, the person in charge of a preschool care center, knowingly used non operational medium-sized buses to engage in school bus services and hired Wang to engage in illegal school bus transportation, in violation of road traffic safety regulations, despite overcrowding. Wang and Hao, who were driving a medium-sized ordinary passenger car that did not match the approved driving model, were caught by the public security organs for seriously exceeding the rated passenger capacity. After on-site verification, the car was found to carry 11 passengers, but actually carried 39 people (including 37 children), which is a serious overload. After trial, the court found that Hao, as a motor vehicle manager, used non operational medium-sized buses and hired Wang, who did not obtain the qualification to drive school buses, to engage in school bus transportation business, and seriously exceeded the rated passenger capacity; Wang drove a non-commercial medium-sized bus that did not match his driving license and engaged in school bus transportation business, seriously exceeding the rated passenger capacity. Both of them violated road traffic safety regulations, and their actions constituted the crime of dangerous driving. Sentenced Hao to three months of detention and fined RMB 10000 in accordance with the law; Wang was sentenced to two months of detention and fined 4000 yuan. According to Article 133-1 of the Criminal Law of the People's Republic of China, if a motor vehicle is driven on the road and falls under any of the following circumstances, it shall be detained and fined: (1) Pursuing and competing in traffic, with serious circumstances; (2) Drunk driving of motor vehicles; (3) Engaging in school bus business or passenger transportation, seriously exceeding the rated passenger capacity, or driving at a speed significantly exceeding the prescribed speed limit; (4) Transporting hazardous chemicals in violation of safety management regulations and endangering public safety. If the owner or manager of a motor vehicle is directly responsible for the third and fourth acts mentioned in the preceding paragraph, they shall be punished in accordance with the provisions of the preceding paragraph. Those who commit the first two acts and also constitute other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. (New Society)

Edit:Lubaikang Responsible editor:Chenze

Source:people.com.cn

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