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Saly986336 · Wysłany: Pon 9:47, 28 Mar 2011

students hanging, mother complain to 8 years

the case of tort damages from the three levels of courts 6 times after hearing the responsibility of Lanzhou Public Profile sentenced

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incident: students dormitory Ziyishenwang

1997 年 4 morning of October 10, Lanzhou, mechanical and electrical engineering expertise ninety-five class mechanical principles class, the instructor found some students miss class, it is called non-attendance to monitor the classroom, the students in attendance after the class. Fang Wen, who arrived one after another classroom, the teacher so that he stood at the window with another non-attendance hair sober. During the class, Fang left without consent by the classroom teacher. To this end,[link widoczny dla zalogowanych], the teacher is very angry, the students announced to the class, the text after the party he will not come to class lectures, and let the students will remark to convey Fang. Guessed, the same day at 4 pm, the students found that even in the quarters Ziyishenwang Fang. Fang parents, brothers and sisters left a suicide note,[link widoczny dla zalogowanych], said: Thank you, your upbringing, who helped me thank you, hope you live happy.
first instance: School Pi Panpei 12000

the bad news that his son died, the Fang's mother repeatedly to find the school for consultation and compensation matters, the school in addition to undertaking some of the funeral expenses 5,000 and 880 foreign financial assistance refused compensation. December 2001, parties to the court the mother sued for damages in Lanzhou working professionals. Seven Mile Creek district court decision that parties can not prove the child's dead mother and the teachers and school management behavior of a causal relationship, whereby rejected its claim. Mother side appeal, the Lanzhou Intermediate People's Court hearing found that the process of teaching school there in the violation, and the trial ruled that the law improperly cited, it ruled that remand. In early 2003, Seven Mile Creek district court for retrial that case, although the female side death of a child with no evidence to prove a direct causal relationship between the school, but schools also no evidence that the suicide Fang Department of their own reasons. Presumption of the court under the evidence, Fang Wen, Department of the death of more than a fruit for the school should bear legal responsibility. Lanzhou was made specifically to the party workers to pay 1.2 million yuan compensation female section of the first trial.
second instance: April 2004, Lanzhou Intermediate People's Court of second instance that the side while studying the text, because they do not attend class on time by the criticism and education instructor, a teacher duty. But the teacher in the educational process to take the teaching methods defective. The school does not have direct evidence that Fang was the family of suicide causes that side can not produce direct evidence of the mother proved to be all the fault of the teacher due. And Fang's suicide occurred after the teachers teach, it is more a result of the trial results to a decision not inappropriate and should be maintained. After receipt of this Final Judgement, the contracting parties have been served on the judgments of the mother, the teachers in the education process of teaching students to act as a a lot of evidence that the child's death is illegal due to the teacher. Parent that the school side should bear all the fault of the child's responsibility for suicide, she appeals to the High Court, proposed to be dependent for living expenses, including death compensation totaling 113,800 yuan in emotional damages and other requests. September 2008, the High Court Hanling Lanzhou Institute retrial case.
retrial: the school management at fault

June 10 this year, Lanzhou Intermediate People's Court held that the retrial be collegial panel composed of teachers to perform their duties should respect the personality of students, not simply rude. Fang adult suicide as a full civil capacity, should also be accountable for their actions. Display the contents of their suicide note, though not directly determine Fang suicide acts of corporal punishment with the teacher, but his mother Fang, submitted testimony that the students: face living in the world, it is better to die pressure, the same day committed suicide. Therefore, the behavior of professionals working in Lanzhou Fang suicide led to one of the incentives. As educational institutions, Tuition and educating people, should strengthen the children's psychological education and teaching misconduct should be noted that the psychological changes and students may lead to an extreme, it is the education of students in the management of there fault, Lanzhou work Man's suicide other professionals should bear secondary liability, according to the law to be dependent on the mother side of the living, death compensation, travel, and other losses in emotional bear some liability. Accordingly, the trial court in Lanzhou, the Court in accordance with relevant legal provisions supervision,[link widoczny dla zalogowanych], revocation of the original first or second instance verdict, decree, Lanzhou Public Profile 56,070 yuan compensation for loss of the mother party.