Teacher's corporal punishment behavior is illegal
The school shall bear civil compensation liability and compensate 78000 yuan
The court believes that Article 27 of the Law on the Protection of Minors stipulates that "teachers and staff of schools and kindergartens shall respect the personal dignity of minors and shall not impose corporal punishment, disguised corporal punishment, or other acts that insult their personal dignity." When a teacher discovers that a student's behavior is not conducive to learning, such as not paying attention in class, punishing the student is an act of fulfilling the teacher's educational management responsibilities. The purpose is to educate the student to correct their learning attitude and behavior that is not conducive to learning, but appropriate measures should be taken within reasonable limits without harming the student's physical and mental health. However, Xu's use of corporal punishment such as pulling the child's ears or hair violates the law and causes damage to the child's body and mind, and should bear tort liability.
According to the interrogation records obtained by the court from a certain police station of Shilin County Public Security Bureau, except for one student who remained silent during the investigation at the police station, the statements of the other six students, along with the child's statements and photos, can form a chain of evidence to prove that Xu did not physically punish the child by pulling his ears or hair. Therefore, Xu's argument that he did not physically punish the child is not accepted by the court. During the performance of classroom teaching duties, Xu subjected the child to corporal punishment due to reasons such as inability to answer questions and lack of focus in class, resulting in harm to the child. As an employer, the school should bear civil liability for compensation in accordance with the law.
After verification, the total economic losses incurred by Xiaoba due to this dispute amounted to more than 88000 yuan. After deducting the medical expenses already advanced by 10000 yuan, the school should still pay more than 78000 yuan. Based on this, the court ruled that the school should compensate Xiao Na for economic losses of more than 78000 yuan.
