son was frightened again; class, a football suddenly smashed glass, scared my son stunned ... reason, Xiaohua's father said the reason they have to compensate the school, because these factors have led to the son of mental disorders. The Kunming Institute of respondent said, Xiaohua already suffering from mental illness, but concealed his illness the parents, the school should not be compensated. Yesterday, the Kunming Intermediate People's Court held a hearing this from the special cases.
cases the origin of thunder and lightning scared the father said his son was sick
Xiaohua is Xishan District, 2003 July, 15-year-old was admitted to the Kunming Institute Xiaohua, 5-year study system of foreign business professionals. People of West's main campus in Kunming after a year of study, students placed Xiaohua and a peaceful West Campus.
Xiao Hua's father, said after the school moved to the quiet campus, where the more remote schools with poor management. September 2005, one night, Xiaohua was locked in the school bath, the physically and mentally tortured. One afternoon in October, students are classrooms, suddenly flying a football, smashing windows in the classroom, the glass was smashed, broken glass flying everywhere, the students were shocked, Xiaohua was petrified . With the end of the night, thunder and lightning, the next night classes after a person Xiaohua fell asleep in the classroom, locked the door of the teachers did not view seriously, put him locked in the classroom, until 2 am before the security escorted back to the dormitory. When the mentally ill Xiaohua, his class teacher also told the class face to call him, announced to Xiaohua verbal punishment, without regard for the child's feelings.
Xiaohua was identified as the spirit of (disease) disability two, the ability to adapt to severe disorders. After Xiaohua will report on the Kunming Institute of court, claims 270,UGG Outlet,000 yuan and 15,000 yuan tuition refund.
students first trial rejected the claim
Wuhua District People's Court that: Lightning is a force majeure event, and the events and Xiaohua whether a causal relationship between mental disorders, can not be determined; football accident smashed the glass part of the school, although the occurrence of the event management's fault, but does not prove that the events leading to mental disorders, Xiaohua; and the existing evidence is insufficient to prove the existence of and teacher verbal punishment The schools charge tuition fees are legitimate, Xiaohua demands a refund of tuition fees does not hold.
Accordingly, the five rejected China's Court Xiao Hua's claim. After the verdicts, Xiaohua refused to accept the Kunming Intermediate People's Court of Appeal.
Xiaohua recent developments have dropped out to go home to recuperate
reporter learned Xiaohua has dropped out to go home to recuperate. Yesterday, the second instance court, he also did not appear in the proceedings.
Kunming Institute, said the attorney Geng Guoping, 2005 semester, Xiaohua leave of absence due to illness, the school considered him to drop out, when taking into account Xiaohua, a relative in the school as a teacher, because of the situation face, not to drop out Xiaohua processing. Xiaohua leave of absence expires, he went to school and more than a year on the course, although he did not pay tuition, but the school let him stay in school. September 1, 2008, the school,UGG Store, after school, Xiaohua has not been registered to the school, the school has until September 12, have not yet registered to the school Xiaohua see, then make a deal: Xiaohua are determined automatically drop out.
Xiaohua the second instance court said the school already sick
second trial hearing yesterday, Xiaohua agent that: because the Kunming Institute moved to the peace, where the more remote, the environment does not good. Temporary lock the bathroom door when the school is not cleared, Xiaohua locked in the bathroom; in thunder and lightning of the night locked in a classroom; Xiaohua classroom next to the football field where students play smashing the glass in the classroom, and threaten with Xiaohua. Many factors, causing injury to Xiaohua, thus forming a mental illness. These factors with the condition Xiaohua causal relationship, so the school should bear the liability.
Kunming Institute of appellee's attorney Geng Guoping respondent claimed that the case there are problems in the program, the proposed remand. Kunming Institute is an independent teaching qualifications of educational institutions, educational autonomy, there are legal procedures to move campus, there is no fault. And Xiaohua's performance in school,UGG Boots, not as his agent said, Xiaohua already mentally ill, but parents concealed his condition, which leads to the consequences now. There is no fault in the management of the school, there is no oversight, Xiaohua's disease and management practices of schools there is no causal relationship, the school should not be held responsible. Geng Guoping said, according to China's The fault of the school include two kinds: one person's fault, such as teacher education and teaching process in violation of the law of intentional or negligent conduct, the school should bear responsibility; the second is the fault of things, that education and teaching facilities defects, such as the collapse of the classroom, teaching aids and other problems caused by injury. From the point of view the case, Xiao-hua's father that Depends on whether the school has the responsibility, but also the result of damage to the parties and school management whether a causal relationship between behavior, in this case, there is no evidence that mental disorders Xiaohua is caused by improper management of the school of education, so the school should not bear the responsibility.
(text small Chinese pseudonym)
correspondent Bai Licheng
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