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Regulations of the Shenzhen Municipality on the
Administration of Safety of Schools
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(Adopted
at the Thirty-Fifth Meeting of the Standing Committee of the
Third Shenzhen Municipal People'
s Congress on December 30,
2004, approved at the Sixteenth Meeting of the Standing
Committee of
the Tenth Guangdong Provincial People' s Congress
on January 19, 2005) |
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Chapter I General
Provisions
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Article 1 In order to
strengthen the administration of safety of schools, protect the
personal safety of students,
maintain the order of education and
teaching, and prevent and manage the accidents of school safety,
these regulations are hereby formulated in accordance with the
related laws, regulations, and in the light
of the practical
conditions of this city. |
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Article 2 These
regulations shall apply to the administration of the safety of
middle and elementary schools,
secondary vocational schools
(hereinafter referred to as schools) within the administrative
regions
of the Shenzhen Municipality. |
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Article 3 The
safety of schools shall follow the principle of taking the human
as the basis, safety first,
giving priority to prevention. |
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Article 4 The
people' governments at various levels shall discharge duties
according to law, create a good
environment of safety, and
ensure the safety of schools. |
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The administrative department of the Shenzhen
Municipality in charge of education (hereinafter referred to as
the municipal department of education) shall be responsible for
the administration of the safety of
schools, and discharge the
following duties according to law: |
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(1)
to implement the laws, regulations and rules on the
safety of schools; |
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(2)
to direct, coordinate and supervise the work on the
safety of schools; |
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(3)
to investigate and punish the acts which violate the
laws, regulations and rules on the administration of the safety
of schools; |
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(4)
to be in charge of making a plan for school safety
education. |
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The
administrative departments of various districts in charge of
education |
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(hereinafter
referred to as district departments of education) shall be
responsible for the administration
of the safety of schools
within their respective jurisdictions. |
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The departments in charge of secondary vocational schools
shall be responsible for the administration of the safety
of the
schools which are affiliated with them. |
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The related various functional departments of the
municipal, district people' s governments shall discharge the
duties of the administration of the safety of schools according
to law. |
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Article 5 Any
unit and individual shall be concerned about the personal safety
of students and support schools
to have a good performance in
the safety work. |
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Article 6 Schools
shall strengthen the administration of safety, conduct the
education, administration and
protection concerning the safety
for students according to law. The students shall accept the
education
and administration of safety conducted by schools,
abide by the disciplines and various regulations, rules of
schools. |
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The guardians of students shall discharge their duties of
guardianship according to law, and cooperate with schools
in the
education, administration and protection concerning the safety
for students. |
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Article 7 Schools
shall establish the responsibility systems of safety
administration. The legal person of
a school shall be the first
responsible person for the safety of the school. |
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Schools shall have the registered directors of safety to
be in charge of the specific tasks of school safety, and
establish the full-time or part-time teams of safety
administration. |
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Article 8 Whoever
are running schools shall guarantee the funding for the
administration of the safety of
the schools. |
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Chapter II
Administration of the Environmental Safety of Schools
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Article 9 The governments
shall establish a coordinating mechanism for the administration
of the safety of
schools joined by the leading officials of the
related departments of education, public security, culture,
health, environmental protection, industrial and commercial
administration, urban management and the
related units. |
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Article 10 The
construction and installation of toxic, harmful, inflammable,
explosive or other dangerous articles
and high-voltage
facilities and equipments in the areas around schools shall keep
a safety distance
from schools according to the state rules. |
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The discharge of pollutants such as waste water, waste
gas, industrial solid wastes, various noises, radioactive
materials, etc., in the areas around schools shall meet the
national and local standards. |
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Article 11 If
there are hidden safety dangers of mountains, rivers within
school areas or the areas around
schools that threaten school
buildings, places of activities, passageways, etc.,
the departments of planning, land or water affairs shall
conduct regular tests and evaluations, issue the notices
of
prohibition from using, passing or rectification by a deadline
and construction of preventive
and protective facilities to the
related departments or schools on the basis of the results of
tests and evaluations, the related departments or schools shall
set up the effective preventive and protective facilities
according to the notices, and also the corresponding warning
signs of no using, no walking, no
approaching, etc. |
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Article 12 The
offices of traffic administration under the department of public
security or other related units
shall set up school signs in the
nearby areas of schools and also the sings and markings of no
parking, warning, speed limit on the roads in front of schools.
If there are no facilities for pedestrians to cross
a road, the
lines of pedestrian crosswalk shall be drawn and reminding signs
shall be set up. |
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Article 13 If
a school is located at a section of road where traffic accidents
often take place or traffic
is heavy, an office of traffic
administration under the department of public security shall
make
arrangements to have policemen there for maintaining the
traffic order on the roads connected with the entries and
exits
of the school when students going to school or leaving school,
and the school shall give
its assistance. |
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Article 14 During
the periods of time for students to go to school or leave
school, the departments of public
security shall strengthen the
patrol around schools. |
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If blackmailing, extorting students or other illegal acts
are found in schools or their nearby areas, the departments
of
public security shall deal with and rectify them promptly, and
schools shall cooperate on their
own initiative. |
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Article 15 The
places to play electronic games, internet bars may not be set up
in the areas around schools. |
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The culture and entertainment facilities such as song and
dance clubs, etc., shall meet the related rules, and may
not
interfere with the normal order of education and teaching of
schools. |
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Article 16 If
schools or the departments of education find the situations to
endanger the personal safety of
students or serious hidden
safety dangers in schools or in the areas around schools, they
shall
take effective preventive measures and report to the
related departments. The local people' s governments and the
related departments shall deal with the situations promptly and
remove the hidden safety dangers. |
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Chapter III
Administration of the Safety of School Facilities
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Article 17 The buildings
and accessory facilities of schools shall meet the national
safety standards; if there
is no national safety standard, the
municipal department of education shall join in with the
departments
of planning, construction to work out a safety norm. |
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The buildings, facilities which do not meet the safety
standards or norms shall not be used for the activities of
education and teaching. |
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Article 18 The
construction of a new school or reconstruction of a existing
building into a school shall, according
to the procedure of the
administration of construction projects and the related rules,
pass the
examination and acceptance of planning, fire prevention
and control, and completed works. Without the examination
and
acceptance, the municipal department of education shall not
issue the license to open a school. |
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Article 19 The
departments of public security, firefighting shall conduct the
regular inspections on the firefighting
safety of schools, take
strict precautions against and wall up the fire. If there is a
hidden danger
of fire, measures shall be taken promptly. |
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Article 20 Schools
shall inspect, maintain the facilities of education and teaching
on the regular basis, and
keep a record of inspection and
maintenance. |
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The school laboratories, the articles for technical
operation, literature, art and sports, and other facilities,
equipments shall be inspected for safety every time before being
used. |
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Article 21 The
departments of education shall joint in with the related
departments to establish the special
systems to manage teaching
materials such as radiating materials, chemicals, biological
preparations,
appliances, and toxic, harmful wastes. |
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The teaching materials such as radiating materials,
chemicals, biological preparations, appliances, shall have
eye-catching labels, be stored at safe places and under the care
of full-time personnel. The toxic,
harmful wastes produced by
these materials shall be collected in a unified way, stored by
classification,
and handed over to the units with corresponding
qualifications to ship, treat, and dispose of. |
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Article 22 Schools
shall be equipped with the medical personnel, medicine most in
use, and first-aid equipments. |
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The eye-catching signs of safety warning shall be
installed at the places within school areas where it is easy to
have accidents such as colliding, slipping and falling. |
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Article 23 The
facilities, equipments within a school area including the
special equipments such as boilers,
etc., special training
fields, equipments, etc., shall meet the state stipulations and
have a special
management system. |
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Article 24 The
buses owned or chartered by schools to transport students
(hereinafter referred to as school
buses) shall meet the
following requirements: |
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(1)
to meet the national safety standards; |
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(2)
to have clear city-wide uniform signs of school bus; |
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(3)
to install safety appliances such as handrails; |
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(4)
to have triangle safety belts in the front row of seats; |
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(5)
to have the licenses issued by the offices of traffic
administration under the department of public security. |
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The
licenses of school buses shall not be transferred, misused for
other vehicles. |
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An
office of traffic administration shall make a decision of
approval or not |
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approval
within 5 days from the date of receiving an application for a
license of school bus; in
case of not approval, the reason shall
be explained in writing. |
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Article 25 A
school shall designate a full-time employee for inspection of
the transportation of students by
school bus every time, if
overload or other traffic violations have been found, they shall
be stopped. |
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When transporting students, a school bus shall have more
than one full-time administrating staff member to be in
charge
of maintaining the order in the bus and ensuring the safety of
students in getting on and
off the bus. |
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A school bus driver shall have a good record of driving
for more than three years. |
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Article 26 School
buses may travel on the special lanes for public transit
vehicles and pick up or drop passengers
at the stops of the
public transit system. When school buses are making a u-turn, a
turn or parking
according to the traffic rules, other vehicles
shall yield the right of road. |
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Chapter IV
Administration of the Safety of School Activities
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Article 27 Schools shall
establish and improve the systems of safety administration, and
ensure the personal
safety of students. |
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Article 28 The
faculty and staff members of schools shall abide by the systems
of safety administration of
schools and discharge their duties
according to the rules. |
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Article 29 Schools
shall have the systems of entrance guards. The persons who are
not the faculty and staff
members, students of a school shall
not be allowed to enter the school area without permission. |
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Except according to law, the dangerous articles such as
toxic, harmful, inflammable, explosive materials or animals
and
firearms, articles under security control shall not be brought
in school. |
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Article 30 Except
ambulance for emergency rescue, no motor-vehicle shall enter the
teaching and sports sections
of a school without permission of
the school. |
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The vehicles which have permission to enter the school
areas shall travel along the designated routes and with the
limited speed, and park at the designated places. |
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Article 31 If
the student who should be in school has not come, the school
shall notify the guardian promptly
according to the way of
contact provided by the guardian, and the guardian shall
discharge the
duty of guardianship immediately. |
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Article 32 If
a student has to leave school earlier, the reason shall be
explained, the guardian shall agree,
and the teacher in charge
of class or the person designated by the school principal shall
sign
their names. |
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Article 33 Except
the following situations, schools shall allow their own students
to stay at or come to school
during the period of time from 7:00
am to 6:00 pm: |
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(1)
legal holidays; |
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(2)
the municipal department of education has made
arrangements for epidemic prevention, safety prevention, etc.; |
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(3)
other situations stipulated by laws, regulations, and
rules. |
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According
to the preceding section, students shall abide by the related
rules on the |
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administration
when staying at or coming to school during the period of time
not for education and
teaching. The specific measures of the
administration shall be worked out by the municipal department
of education. |
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Article 34 When
students are in school, schools shall ensure that study sections
and dormitory sections be
kept unblocked, and schools may not
block the safety exits. |
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Before closing the school gates at night, the security
personnel of schools shall patrol and ensure the safety of
schools. |
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Article 35 When
schools organize the large-scale activities of entertainment,
sports, celebration, etc., the
disciplines shall be declared,
the necessary preventive measures
for safety shall be taken, the order to enter and leave the
places of activities shall
be made clear, and the special
personnel shall be designated for maintaining the order. |
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Article 36 When
schools organize teaching and competitions in sports, the
necessary preventive measures for
safety shall be taken. As for
the teaching and competition in swimming, diving, and sports on
apparatus,
an enough number of personnel with professional
rescuing capability shall be assigned to take care on the scene. |
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Article 37 If
there is a student having a special disease, idiosyncracy, or
other abnormal physical, psychological
conditions, the student
and the guardian shall tell the truth to the school, and the
school shall
keep a record and take necessary preventive
measures in the activities of education and teaching, and
maintain the secret concerning personal privacy. |
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If the
faculty and staff members have found the abnormality of
students' physical or psychological
conditions in the
activities of education and teaching, they shall give assistance
and notify the
guardians promptly. |
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Article 38 When
organizing students to participate in extracurricular
activities, a school shall make a safety
plan, provide the
first-aid medicine and equipments, and arrange at least two
faculty or staff
members for a class to escort students through
the whole course of the activities for care and management. |
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Schools and other units may not organize students to
participate in commercial celebration activities. |
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Article 39 If
a school authorize or join in with other units to organize
students to participate in extracurricular
activities, it shall
conclude a written agreement on safety guarantee with the
authorized units
or jointly organizing units. The authorized
units or jointly organizing units shall, according to the laws,
regulations, rules and the agreement, take effective measures
and provide the safety guarantee. |
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The school shall check the measures of the authorized
units or jointly organizing units to ensure safety, their
personnel arrangements, and means of transportation. |
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Article 40 The
municipal department of education shall unitarily draw up the
rules on the safe operation in
teaching experiments. Schools
shall post the rules on the safe operation in teaching
experiments
at the eye-catching places of laboratories. |
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The teachers of experiment courses shall explain the
rules on operation and matters needing attention to students
before class, and instruct students how to operate safely.
Students shall abide by the rules on
operation in the process of
an experiment. |
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Articles 41 Schools
shall establish a health security system, and the food, drinking
water provided for students
shall meet the national health
standards. |
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Schools shall strengthen the prevention and treatment of
infectious diseases and non-infectious chronic diseases
in
accordance with Law of the People' s Republic of China on the Prevention and Treatment
of Infectious Diseases. |
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Article 42 If
schools provide accommodation for students, they shall draw up
the regulations and rules on the
administration of
accommodation, and ensure the safety of accommodation for
students. |
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Article 43 If
faculty and staff members and temporary workers suffer from
mental disorder, infectious diseases
or have other problems
which might affect the safety of schools, the responsible
departments and
schools shall take the necessary safety measures
to adjust their posts, let them leave the posts for treatment. |
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The faculty and staff members and temporary workers shall
take the physical examination organized by the municipal,
district departments of education, health every year before the
fall semester begins. |
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Chapter V Emergency
Rescue, Investigation and Settlement
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Article 44 The municipal
department of education shall establish an emergency management
mechanism in a unified
way. |
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Schools shall work out the preparatory plans to manage
fire, meteorological disasters, sudden incidents of public
health and other emergency incidents, and designate persons in
charge ahead of incidents. If an
emergency incident occurs,
schools shall management it and come to rescue immediately,
notify the
guardians of students, report to the municipal,
district department of education and the related responsible
departments according to the rules, and assist the related
responsible departments to take preventive
and controlling
measures. |
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Schools shall have the mechanism to report to police for
help, emergency management equipments and safety passageways,
and keep them safe and effective. The related departments
receiving the report for help shall respond
to it immediately. |
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Article 45 When
the early warning signals of meteorological disasters take
effect and classes are suspended,
schools shall, according to
the preparatory plans to manage meteorological disasters, make
arrangements
for faculty and staff members to come to school and
ensure the safety of student who are in school. Except the
circumstances permit or there are guardians to accompany,
schools shall not allow students to leave
school on their own;
if there is a possibility to have dangerous situations, schools
shall make
arrangements for students to go to safe places to
escape from the dangers. |
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Article 46 If
the early warning signals take effect when students are on their
way to go to school or leave
school, the drivers of school buses
shall drive students to schools as temporary shelters, but if
the traffic or the safety circumstances along the road do not
allow them to do so, they shall find safe places
nearby as
temporary shelters and be responsible for protection. |
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Article 47 The
second week of every semester shall be the week of safety
education for students. |
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During the week of safety education, schools shall take
various ways to conduct safety education for students, and
the
related departments shall give their support. |
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Schools shall arrange at least one exercise of survival
and self-rescue for students every semester. |
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Article 48 If
a student falls ill suddenly or suffers from personal injury in
the activities of education and
teaching, the school shall take
the rescue measures promptly, notify the guardian of the
student,
and report according to the related rules. |
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Article 49 If
a safety accident occurs in a school, the related departments
shall investigate and make a decision
on the settlement in time. |
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Article 50 The
schools run by governments and schools run by the local people
and approved by the governments
or schools run cooperatively
shall buy the school liability insurance for students'
personal injury,
and the cost shall be assumed by the municipal,
district finance. |
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Article 51 As
for the compensation for personal injury of a student, the
parties concerned may have a settlement
through consultation or
apply to a department of education for mediation, if the
consultation and
mediation cannot reach a settlement, a legal
action may be taken at the people' s court; the party concerned
may also take a legal action directly at the people' s court. |
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If the party concerned applies to a department of
education for mediation, the department of education shall
accept it, and put forward an opinion on mediation within 20
days from the date of accepting the application. |
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Chapter VI Legal
Liabilities
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Article 52 If the
departments of education, public security, health, environmental
protection, urban management,
planning, land, construction,
etc., and their personnel have failed to discharge the duties in
the education, administration, and protection concerning safety
in violation of the related laws, regulations, and
rules, the
related departments shall impose administrative sanctions
according to law; if a crime
is constituted, the criminal
responsibility shall be ascertained according to law. |
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Article 53 If
a school has failed to discharge the duties in the education,
administration, and protection
concerning safety in violation of
the related laws, regulations, and rules, the department of
education
or the corresponding responsible department shall give
a warning, order correction by a deadline; if correction
has
been refused, the department of education or the related
corresponding department shall circulate
a notice of criticism,
and the department of education shall impose an administrative
sanction
on the principal of the school run by a government; as
for the schools having serious hidden safety dangers, the
departments shall order to close the schools. |
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If a school has failed to discharge the duties in the
education, administration, and protection concerning safety
according to the rules and caused either serious or
extraordinarily serous casualty accidents,
the principal and
other directly responsible persons of the school run by a
government shall be
dismissed from their office and discharged
from public employment, the head, responsible person for school
safety, or other directly responsible persons of the school run
by the local people or run cooperatively
shall not be allowed to
engage in school administration for 5 years. If a crime is
constituted,
the criminal responsibility shall be ascertained
according to law. |
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Article 54 In
case of accident of a student' s personal injury, if the school
has already discharged the duties
in the education,
administration, and protection concerning the safety of students
according to
the related laws, regulations, and rules, it shall
not be held liable for compensation, unless there is other kind
of stipulations in laws. |
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Article 55 In
case of insulting, beating students, faculty and staff members,
and interfering with the order
of education and teaching at
school, an office of public security shall deal with it
according
to law; if a crime is constituted, the criminal
responsibility shall be ascertained according to law. |
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Chapter VII
Supplementary Provisions
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Article 56 These
regulations shall be referred to in dealing with the safety
administration of other educational
institutions admitting
full-time students, training institutions open to teenagers, and
kindergartens
for preschool education. |
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Article 57 The school area shall mean the area within the red line
of a school; the area around school shall mean the area within
the safety distance which should be kept according to the state
and local rules, if there is no
rule on the safety distance, it
shall mean the area within 100 meters out of the red line of a
school. |
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Article 58 The Shenzhen Municipal People' s Government may draw up
the detailed rules on implementation according to these
regulations. |
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Article 59 These regulations shall take effect as of April 1, 2005.
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