Teacher Awarded CNY 6,306 in School Assault Case
A teacher in Eastern China City obtained a civil judgment against a parent and his friend for an assault that occurred on school premises. The court found the two defendants jointly liable for the teacher’s injuries and ordered them to pay compensation for medical expenses, lost income, and other damages. The case arose from a dispute over a student leaving school without permission.
The plaintiff, Ms. Sun, worked as a teacher at Eastern China City Jinqiao School. On May 25, 2010, during the lunch break, the son of defendant Mr. Feng left the school grounds without approval from Ms. Sun. The school notified Mr. Feng, who became dissatisfied with the school’s management. Around 2:00 p.m. that same day, Mr. Feng brought defendant Mr. Gao and another individual to the school. They confronted Ms. Sun and other teachers. According to the complaint, the defendants grabbed Ms. Sun, pulled her hair, struck her face, and kicked her, causing minor injuries. They also damaged office supplies in the school’s administrative office. Ms. Sun was taken to a local hospital and admitted for 22 days. She claimed total losses of CNY 18,975.50, including medical fees, lost wages, nursing costs, and transportation.
During the hearing, both parties presented their accounts. The court reviewed evidence including police interview records from the local police station, an administrative penalty decision issued by the public security bureau, hospital admission records, and expense receipts. The police investigation confirmed that Mr. Feng and Mr. Gao entered the school to vent anger over the student’s departure, that they disrupted teaching order, and that Mr. Gao physically assaulted school staff. Both defendants received administrative detention: Mr. Gao for 15 days and Mr. Feng for 10 days. The defendants did not dispute these factual findings. Ms. Sun’s husband, Mr. He, provided nursing care during her hospitalization, but Ms. Sun did not submit proof of his income or tax payment records to support the claimed nursing fee of CNY 11,793.
The court held that citizens’ right to life and health is protected by law. It found that the defendants acted intentionally, with Mr. Feng grabbing Ms. Sun’s arm and Mr. Gao pulling her hair, slapping her face, and kicking her. These actions directly caused her physical injuries, and both defendants bore joint liability for the resulting economic losses. The court determined that Ms. Sun’s claim for nursing fees was excessive because she failed to provide evidence of her husband’s actual earnings. Instead, the court calculated nursing compensation based on the industry standard for similar workers in the region. The court also reduced the claimed lost wages to reflect the statutory daily rate.
According to relevant law, because the incident occurred before the Tort Liability Law of the People’s Republic of China took effect, the court applied the General Principles of the Civil Law and the Supreme People’s Court’s interpretation on personal injury compensation. The key legal principles included that tortfeasors must compensate for actual medical expenses, lost income during the treatment period, reasonable nursing costs, necessary transportation, and hospitalization meal subsidies. The court emphasized that while the defendants had already received administrative punishment, this did not eliminate their civil liability to the victim. The calculation method for lost wages and nursing fees followed the local average income standards for the relevant industries.
The court ultimately ordered Mr. Feng and Mr. Gao to jointly pay Ms. Sun CNY 6,306.30, comprising medical expenses of CNY 2,211.90, lost wages of CNY 1,502.60 (22 days at CNY 68.30 per day), nursing fees of CNY 2,131.80 (22 days at CNY 96.90 per day), transportation costs of CNY 20, and hospitalization meal subsidies of CNY 440 (22 days at CNY 20 per day). The court dismissed Ms. Sun’s remaining claims for higher amounts. The case illustrates that victims of assault must present clear evidence of all claimed damages, especially for lost wages and nursing care, and that courts will apply statutory standards when proof is insufficient. It also confirms that physical altercations arising from school disputes can lead to both criminal sanctions and civil liability.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.