Teacher hurts students with corporal punishment: how can it be personally suspected of criminal offenses

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　　Due to "speaking small things" in class, the 9-year-old student was dragged by the teacher to the podium and punished, causing his scalp and skull to separate. He was hospitalized for 22 days. After 7 times of puncture treatment, the blood volume exceeded 1000ml before the injury improved.

After the incident, the teacher involved was still in class for 17 days before being suspended.

The parents of the student said, "They said they gave 500,000 privates, and let us not pursue their legal responsibility, I did not agree."

　　An appraisal notice issued by Weidong Branch of Henan Pingdingshan Public Security Bureau on May 1 showed that the degree of injury has constituted a minor injury grade II.

Currently, the suspect Chang has been detained under criminal law.

　　This action of the teacher involved, Chang Mou, has undoubtedly seriously violated the teacher's ethics. Although for the purpose of maintaining the order of the classroom, the punishment method he implemented has been suspected of intentional injury.

For minor injuries, the Criminal Law stipulates that "punishment of not more than three years in prison, criminal detention or surveillance".

　　The school's responsibility in this matter cannot be ignored.

The "Education Law" stipulates that schools are obligated to protect the personal safety of students in the process of receiving education. When a student is slightly injured by a teacher's corporal punishment, the school has faults at least at the level of student guardianship and teacher supervision, and the school should share the responsibility with the teacher involved Civil liability.

　　It should also be emphasized that the "Opinions on Establishing a Compulsory Reporting System for Violations of Minors (for Trial Implementation)" was issued in May 2020, which stipulates a compulsory reporting system for cases of violations of minors. In this case, the school should immediately report to the public security organs. Report or report.

However, "the teacher involved was only suspended 17 days after the incident" and "the school believes that the school should not be held responsible"... According to reports, the school not only failed to fulfill the mandatory reporting obligation, but also suspected of condoning the teacher involved and was responsible for the responsibility. It is pushed cleanly.

　　According to other reports, after the incident, the school and the teachers involved offered a compensation of 500,000 yuan, but with conditions: signing a letter of understanding, not to pursue criminal responsibility for the teachers involved; ensuring that the school would not be implicated; no further complaints would be continued.

This obviously violates the spirit of the rule of law.

　　The "Criminal Procedure Law" stipulates that the two parties can conditionally settle cases involving intentional harm caused by civil disputes.

However, this case is obviously not suitable to be interpreted as a "civil dispute". Even if the two parties reconcile, it will not achieve the reconciliation effect prescribed by law.

Conversely, even if the teachers involved are held criminally responsible, the victimized students can still receive civil compensation in accordance with the law.

　　In short, the campus is not a place outside the law. Educational discipline must strictly adhere to the standards and red lines. For such a case that has a bad social impact and caused great physical and mental pain to the parties, the school and teachers involved must bear the legal responsibilities. .

　　□Jin Zegang (Professor of Law, Tongji University)