129742915510781250_283Shenzhen City intermediate people's Court to make a final judgment on the case: school should be compensated over little more than 27,000 yuan Shenzhen, this (reporter Wang Na) Lido
diablo 3 gold, Futian District, small second day of school students (pseudonym) because no moral lesson is teacher called to Office, during which he and two teacher's verbal and physical conflict eventually hospitalized injuries. Small schools to court, claims more than 50,000 yuan.This reporter has learned from the Shenzhen intermediate people's Court yesterday, making their final judgment on the case of the hospital in recent days: Xiao gang should be compensated more than 27,000 yuan. Students: assaulted by two teachers small just complains that corporal punishment: on December 25, 2009, at 2 o'clock in the afternoon, he was unwell, did not participate in the Lido, Futian District schools school moral education. During the time he was old schoolCalled to the Office of the Division, two teachers before being beaten later corporal punishment, leading to the back soft tissue damage and fracture of lumbar transverse process of the L3. After the incident, the small rigid father called the police.
Small first from December 29, 2009 to July 9, 2010, in a number of hospitals for in-patient treatment. Small believes that since were wounded by the teacher, his physical, psychological, refinedGod is affected by a serious injury on, Lido school, he then to court, requests the Court to order compensation for their medical expenses of the school fees, accommodation, meals, nursing allowances, soothe mental damage payments totalling more than 50,000 yuan. When the Court of first instance, Lido school argues, engaged by their teacher and not against the small of body and spirit, school should not be liable. Little said the oldDivision of assault, but the body does not have any injury resulting from an assault. Small injuries are caused by riding a bicycle and hurt after the incident was not caused by beatings.
In addition, the small harm alleged is untrue, according to a diagnosis does not "fracture of lumbar transverse process of the L3", only soft tissue injuries, treated without hospitalization. A Tribunal: sentenced to 91% Court school take responsibility to identify, the day of the incidentSmall injuries and alarm at the school. Court to the police taking both sides asked the record made at the police station, witness at the scene at that time between student and teacher verbal and physical conflict has occurred.
Issued by Shenzhen Centre for forensic identification of appraiser, found small injuries as minor injuries. The Institute believes that occurred have been police investigation, and the investigation time inOn that day, its high credibility. Schools should bear the liability of 90%.
Small as a student, teacher respect, respect, but their dispute and fighting with their teachers, its there fault, should take responsibility for 10% their losses.
The Hospital made a decision: Lido school should be little more than just more than 22,000 yuan of compensation, dismissed small claims. The Court of final appeal:Students awarded $ 27,000 after the judgment of first instance, against small and Lido school, file an appeal. Lido school believes that two teachers ' behavior is the behavior of non-executive positions, is illegal and criminal acts, school should not bear additional liability. Small appeal believe that small just should not have been awarded in the first instance bear the responsibility of 10%, their was some collision of teacher behavior, isIn order to protect themselves from acts of self-defence taken by the teacher hurt. Shenzhen City intermediate people's Court after a trial that, in this case small just does not go to moral lessons, the teacher to call into the Office to talk it, by verbal conflict developed into physical confrontation between the two sides, leading to small injuries. Small just as students, dissatisfied with the school curriculum, teacher is called in the course of his talk also sold striker, andTeachers play, his apparent mistakes on things that happen, should bear some responsibility.
But at the time was only 15 years old, with limited civil capacity person, is at the stage of education, and, as appropriate, in the first instance judgment of its 10% responsibilities, not inappropriate at all. School as an educational institution, take on the responsibility and mission of imparting knowledge and educating people, small-just as in schoolMinor, even though its anomalies, should also be positive education, guide, but just after he was called to the Office of teacher, disputes within the Office of the conflict between the two sides, Lido school teachers not only contrary to morality, also a violation of the relevant provisions of the civil law
aion kinah, the school should bear primary responsibility for injury to small. Which finds small just because the case of the second instanceTotal losses of more than 66,000 yuan
rift platinum, made the final judgment: Removing paid parts, Lido school should also pay little more than 27,000 yuan.
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