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《上海市中小学校学生伤害事故处理条例》(以下简称《条例》)自1993年起进行立法研究,通过问卷、座谈、研讨、访谈等形式的调研以及立法咨询、听证会等立法准备,于2001年7月13日经上海市十一届人大常委会第二十九发会议审议通过,9月1日起正式施行。这是全国首部校内学生伤害事故处理的地方性法规。《条例》全面规范了社会各有关主体对学生安全的责任明确学校对学生承担“教育、管理、保护”的法定职责;确立以“过错责任原则”为主,“公平责任原则”为辅的归责原则;界定了学校承担责任和不承担责任的法定情形。《条例》确立了以当事人协商、区县教育行政部门调节和法院诉讼的事故处理途径,并明确当事人对上述处理途径具有选择权。《条例》明确了一般伤害、残废和死亡的赔偿范围与标准。提倡家长为学生的人身安全投保,明确学校应当参加有关责任保险,区县教育行政部门应当建立有关专项资金。为有效解决事故赔偿经费,上海市首次开设了中小学校校方责任险,对所有经正式批准的公办和民办全日制中小学实行整体投保,建立了事故处理程序的社会化运作机制。
The Regulations on the Handling of Injuries and Accidents of Primary and Secondary School Students in Shanghai (hereinafter referred to as the “Regulations”) have conducted legislative studies since 1993, conducted research in the form of questionnaires, seminars, seminars and interviews as well as legislative preparations such as legislative consultation and hearings. In 2001 On July 13, it passed the 29th session of the 11th NPC Standing Committee of Shanghai Municipality for examination and approval and will come into effect on September 1. This is the first local laws and regulations governing student injuries at school. The “Regulations” comprehensively regulate the responsibility of all relevant social subjects on student safety. It is stipulated that the school has the statutory duty of “education, management and protection” for students. The establishment of “legal principle of fault liability” and supplemented by “the principle of fair responsibility” The principle of responsibility defines the statutory circumstances in which the school assumes responsibility and does not assume responsibility. The “Regulations” established an approach to deal with accidents handled by the parties involved, the adjustment of education administrative departments in districts and counties and the court proceedings, and clearly stipulated that the parties have the right to choose the above-mentioned ways. The Ordinance defines the scope and standard of compensation for general injuries, disabilities and death. Parents are encouraged to insure their personal safety. It is clear that schools should take part in liability insurance, and district and county educational administrations should set up special funds. In order to effectively solve the accident compensation fund, Shanghai Municipality has set up the responsibility insurance for primary and secondary schools for the first time, and has implemented the overall insurance for all formally approved public and private full-time primary and secondary schools and established a socialized operation mechanism for accident handling procedures.