论文部分内容阅读
去年2月的一天,一名2岁幼儿在幼儿园内突然离奇死亡,最终家长把幼儿园告上了法庭。针对孩子的死因,家长和司法部门先后找了5个司法鉴定机构,结果得出了针锋相对的鉴定意见:一方称孩子是间质性肺炎导致猝死,另一方称是外伤导致死亡。法院认为原、被告提供的鉴定均不具有证明力上的优势,故对5份鉴定中关于死因的结论均不予采信。但法院认为,孩子是在幼儿园管理期间突发死亡的,且是年仅2岁的无民事行为能力人,基于公平、正义的民法原则和社会观念,并结合当事人经济承受能力,一审判决幼儿园分担孩子父母的损失近30万元。据悉,幼儿园不服一审判决,提起上诉……另据幼儿园称,孩子死亡后,其家长及亲属曾多次冲入幼儿园,将孩子尸体陈放在幼儿园大厅,在大厅内设灵堂,并有殴打教师,敲砸玻璃、桌椅、门窗等过激行为,扰乱了幼儿园正常的教育教学秩序。我们无意评判本案件的审理过程及结果,相信幼儿园可以从中获得经验和教训,以便在预防和应对幼儿意外伤害事故中做得更合法合情合理。
One day in February last year, a 2-year-old child suddenly died in a sudden kindergarten. Finally, the parents brought the kindergarten to court. In response to the child's cause of death, parents and the judiciary have successively found five forensic institutes, resulting in tit-for-tat identification: one side said that the child was caused by sudden death from interstitial pneumonia and the other side was traumatized. The court held that neither the original nor the defendant's appraisal provided evidence-based advantages. Therefore, all the five appraisals made no conclusion about the cause of death. However, the court held that children died of sudden death during the management of kindergarten and were only 2 years old without capacity for civil conduct. Based on the principle of fair and just civil law and social values, in combination with the economic affordability of the parties concerned, The loss of children's parents nearly 300000 yuan. It is reported that kindergarten refused to accept the verdict of the first instance and filed an appeal ... According to kindergartens, after the death of a child, his parents and relatives have repeatedly rushed to kindergarten, placing the child's body in the kindergarten hall, setting up a halls in the hall, assaulting teachers, Knock smashed glass, tables and chairs, windows and doors and other overreactions, disturbing the normal order of education and teaching in kindergartens. We do not intend to judge the trial process and result of this case. We believe that kindergartens can gain experience and lessons learned so as to make them more lawful and reasonable in preventing and responding to child accident accidents.