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"my son is only 14 years old this year. his thigh muscles are atrophic and his movement is limited. the doctor said he may not be able to do sports for the rest of his life, which means my child has become disabled..." ms. lu from jining, shandong province said sadly.

corporal punishment: the boy was punished to do 1,000 squats. after reaching 200 and being unable to do any more, he was kicked down by the instructor.

ms. lu is from jiaxiang county, jining city, shandong province. recently, she told the dafeng news reporter of the chinese business daily what happened.

"in order to improve the child's academic performance, we enrolled him in a summer cram school last year." ms. lu said that the cram school she enrolled at that time was called zhibo day care, but after just one day of class, the day care class was suspended. "i heard that "it was investigated." ms. lu said that after consultation, the agency recommended to them the summer camp activities being carried out by shandong yingfan development service co., ltd., which lasts for seven days and will provide children with some physical fitness training in 2023. graduation ended on august 26, 2011, but the incident happened at noon that day.

ms. lu said that after the school had a graduation ceremony that day, parents needed to pick up their children from the institution, but she did not go to pick up their children. however, she saw something unusual in the photos posted by the summer camp teacher on wechat. “i asked the teacher at that time where my family was. what was going on with the child’s red eyes and painful expression, but the teacher didn’t tell me the truth?” ms. lu said that when the child’s father saw the child, he quickly discovered that the child’s leg was lame.

after inquiry, i learned that earlier at noon that day, a life teacher of the institution punished the child for talking to other students and required him to do 1,000 squats in a row. when the child barely managed to do 200, his legs were already broken. there was a problem and it was impossible to continue. at this time, an instructor suddenly came over and kicked the child over. after the child lay on the ground in pain for about half an hour, because the parents were about to arrive, they pulled him up and sat on a stool.

medical treatment: diagnosis of rhabdomyolysis in the legs, which has caused damage to liver and kidney functions

"the child said that his leg hurt badly at that time, so the child's father found a teacher in zhibo's care and sent the child to the local jiaxiang county people's hospital." ms. lu said that the examination that day was very simple. although the child took the initiative to take a x-ray examination, but in the end, the doctor only took some ointment and let me go, saying it was a muscle strain.

however, within 3 days after returning home, the child's legs hurt so much that he could not walk and even sleep at night. in desperation, ms. lu contacted the agency again and took her child to the hospital on her own. after the doctor's examination this time, she recommended that she go to a higher-level hospital immediately. "the doctor said that the muscles in the child's legs were probably completely ruptured." ms. lu said that he went to the hospital that day. i took my child to the affiliated hospital of jining medical college for treatment. after an examination, the doctor at the hospital diagnosed me with rhabdomyolysis of my legs. moreover, because i sought medical treatment late, my liver and kidney functions had been damaged.

"at that time, the doctor stopped allowing the child to move independently and used a wheelchair directly. he said that it was too late, and even if he received treatment, he might not be able to control it, and the child's life was in danger." ms. lu said, fortunately, after passing by the affiliated hospital of jining medical college, thanks to the hospital's careful treatment, his condition was effectively controlled, and he was discharged home to recuperate after 13 days of hospitalization.

"my child is disabled." ms. lu said that although she was discharged from the hospital at that time, the doctor was not optimistic about the child's condition. he said that he should control the amount of activity after returning home, "because activities may aggravate the injury, but if not activities may lead to the formation of blood clots in the injured area. "ms. lu said that in the days that followed, the child could only stay in bed for a long time, and could only use crutches or wheelchairs for a small amount of activities, and normal studies had to be interrupted.

"we later went to the hospital in jinan, and the diagnosis was still rhabdomyolysis." ms. lu said that this injury caused irreversible functional damage to the child's kidneys and liver, and symptoms such as proteinuria and hematuria. "it has been he is still undergoing treatment. currently, his thigh muscles are atrophied and his movement is limited. the doctor said that he may not be able to engage in sports activities for the rest of his life, which means that my child has become disabled. " speaking of this, ms. lu was very sad.

negotiation: the injury was assessed as minor injury level 2, and the parents of the injured believed that the description in the agreement distorted the facts.

"at the beginning, they admitted to corporal punishment and beating." ms. lu said that after the incident developed, the agency sent personnel to send the child to the hospital for treatment together with the father. "at that time, when the doctor was writing the medical record, people from the school "you can't tell the truth because the insurance can pay for it," ms. lu said. as parents, they only considered treating the child as soon as possible and did not consider subsequent rights protection issues, so they agreed. therefore, the child's medical records did not clearly indicate that the child had previously been treated. we were physically punished and beaten at summer camp, but we later told the truth in our medical records.

during the negotiations between the two parties, ms. lu once called the police in the name of injury. the local police intervened and in mid-september 2024, ms. lu's son's injuries were assessed and determined to be minor injuries of the second degree. "my child will no longer be able to participate in sports activities. it is equivalent to being disabled. it is only a minor injury of level 2." regarding the appraisal results, ms. lu reserved her own opinion.

ms. lu said that although in the later stages, the agency began to completely deny the occurrence of corporal punishment and beatings, in the early multi-party negotiations, ms. lu had already left evidence involving corporal punishment and beatings. a wechat screenshot shows that after the incident, other students confirmed that ms. lu’s children were corporally punished by squatting and being kicked down at noon on august 26, 2023.

in a video of a face-to-face negotiation between ms. lu and the person in charge of the summer camp named zhang, ms. lu also repeatedly asked the other party about corporal punishment and beating. the other party did not deny it, but said that she was not there when the incident occurred and would investigate afterward. only after meeting the staff involved did we learn what happened, and they seemed to admit that corporal punishment and beatings had occurred. later, ms. lu also communicated with the person in charge of zhibo trusteeship who had previously signed up about the corporal punishment and beating, and the other party did not deny it.

ms. lu said that in september 2023, after many negotiations between the two parties, the two parties reached a settlement agreement, "which probably included the treatment of the child's injury, the cost of home-based make-up lessons, transportation expenses, missed work for family members, etc." ms. lu said that the settlement the agreement was signed by the child's father. the description of the child's injury in the agreement was false. the agreement stated that ms. lu's children participated in party a's summer camp activities on august 20, 2023. on the morning of the last day of august 26, the child was doing... during the squatting exercise, due to excessive exertion, party a was hospitalized. party a paid party b a one-time payment of 18,000 yuan for make-up lessons, nursing fees, and reexamination fees. party a has nothing to do with anything that happens to party b's child in the future.

"the previous terms stated that after receiving the money, the subsequent treatment costs would continue to be borne, but the terms later proposed by the other party added the content that after signing the agreement and taking the money, the other party would not care about it. " regarding this matter, the reporter contacted mr. yao. mr. yao admitted that he had signed the agreement, but said that the other party did not let him read the terms of the agreement carefully, and he himself was a little careless.

prosecution: the police refused to file the case and the family applied for reconsideration. the court accepted the case and has entered the stage of disability assessment.

according to ms. lu, on september 28, 2024, she received a notice from the local police not to open the case. after review, the jiaxiang county public security bureau determined that there were no criminal facts in the case of yao moumou being injured. ms. lu expressed dissatisfaction with this and has applied for reconsideration.

in june 2024, ms. lu filed a lawsuit with the court together with her child's father, believing that her child was severely injured due to corporal punishment and beating during the summer camp. the settlement agreement confuses right and wrong and seriously distorts the process of the child's injury. therefore, the defendant shandong yingfan development service co., ltd. is at fault for all losses caused by the plaintiff’s injury and shall bear full liability for compensation according to law; and the plaintiff’s injury is serious and the consequence of rhabdomyolysis syndrome is that he will not be able to exercise strenuously in the future. , as a student, he can no longer participate in physical education classes, which has seriously reduced his social communication scope and his social career options, which has constituted a disability. the consequences of this injury to the plaintiff far exceed the "compensation" of the settlement agreement. "scope" and for the plaintiff's injuries, the defendant should bear compensation liability according to law, not compensation liability.

the plaintiff filed a decree to order the two defendants to immediately compensate the plaintiff for 1,400 yuan in food subsidy during his hospitalization, about 2,000 yuan in transportation expenses, lost work expenses, nursing expenses, nutrition expenses, follow-up treatment expenses, and disability compensation (the specific amount will be determined after the judicial appraisal results are issued. ), a make-up fee of 20,160 yuan, a mental damage fee of 30,000 yuan and other corresponding expenses.

according to ms. lu, the court has accepted the case, and the legal process has now progressed to the identification and appraisal of the injured person’s disability level. “we are just waiting for both parties to designate an appraisal agency, and then the court will draw lots to determine the appraisal agency.”

response: the organization concerned stated that it is currently undergoing judicial procedures and has reported to the police the rights protection behavior of the family members of the students involved.

recently, regarding rights protection matters, ms. lu posted the occurrence and progress of the incident on the internet many times, hoping to use the power of the internet to protect her rights. so how did the other party in the incident respond to this?

a reporter from the chinese business daily dafeng news repeatedly contacted the person in charge of shandong yingfan development services co., ltd. to no avail. the person in charge responded to the matter not long ago, saying that there was no corporal punishment or beating by the instructors, and that the injuries to the children were due to excessive exercise. as a result, the case has been settled and compensated with 18,000 yuan. "now we are going through the court procedures. no matter what the situation is, we will do what we have to do. the relevant departments will investigate."

subsequently, the reporter contacted the zhibo tutor who had accompanied the injured to the hospital for medical treatment on the day of the incident. the other person initially said that he was the teacher. however, when the reporter expressed his intention to interview, the other person immediately denied that he was not the teacher involved and had no knowledge of the situation. learn.

"we reached a settlement agreement last year." after many efforts, the reporter finally contacted mr. jin, the person in charge of zhibo trusteeship. he got straight to the point and first said that the incident was settled last year, and then said, "as for the beating, we in litigation." the reporter asked whether there was corporal punishment, and the person in charge said that they had also called the police to deal with the rights protection method of ms. lu, the family member of the injured student.

in response, ms. lu later responded, saying that during the process of defending her rights, the agency had indeed called the police many times, but at the same time she said that she was legitimately defending her rights and would not give up just because the other party called the police.

argument: regardless of whether there is corporal punishment or not, the institutions involved may need to bear corresponding responsibilities

"the promulgation of the civil code has added a lot of color to the construction of a legal system for the protection of minors' rights. the civil code has stipulated how to divide the liability for injuries sustained by minors in educational institutions." in this regard, senior officer of shaanxi hengda law firm partner and well-known public interest lawyer zhao liangshan said that the cause of the boy's injury is currently unclear. both parties have different opinions and it is not yet completely clear. there is a fundamental difference in the division of responsibility as to whether the boy was injured due to "excessive exercise" or whether he was corporally punished or beaten by the summer camp teacher.

zhao liangshan said that article 1200 of my country's civil code stipulates that if a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to fulfill its education and management responsibilities, he shall bear tort liability . in this incident, if the boy was injured during training and the teacher failed to assess the boy's physical endurance and asked the boy to do some super-intensive and overloaded physical training, then the organization involved was at fault and must bear tort compensation. responsibility.

zhao liangshan said that if the boy was injured due to corporal punishment or beating, the actions of the teacher and the relevant institutions violated the boy's right to physical and mental health and violated the education law, teacher law, minors protection law and other laws. regulations, you will need to bear heavier legal liability. among them, the "law on the protection of minors" stipulates that if an educational institution infringes upon the legitimate rights and interests of minors, the education department shall order it to make corrections; if the circumstances are serious, the person in charge and other persons directly responsible shall be punished. article 37 of the "teachers law" also stipulates that teachers who punish students corporally and do not change after education shall be given administrative sanctions or dismissed. if the circumstances are serious and constitute a crime, they shall be held criminally responsible. accordingly, the institution and the teacher involved will not only face civil compensation, but the teacher will also face dismissal. if the boy's injury constitutes a minor injury, the teacher is also suspected of intentional injury and will be held criminally responsible. zhao liangshan said that judging from the current progress of the incident, the local police have not filed a case yet, indicating that the evidence currently available to the boy's parents may not be enough to prove that agency staff corporally punished and beat the boy.

zhao liangshan said that the two parties had signed a settlement agreement, but the parents were dissatisfied with the settlement agreement and took it to court. in fact, if parents try to overturn the settlement agreement, they can argue that the settlement agreement was signed under a major misunderstanding, or that the compensation agreed in the settlement agreement is far lower than the actual economic losses and is unfair. according to articles 147 and 151 of the civil code, if a civil legal act is carried out based on a major misunderstanding, and one party takes advantage of the other party's distress, lack of judgment, etc., which makes the civil legal act unfair when established, the perpetrator has the right to request the people's court or arbitration institution to revoke it. in this regard, parents have the right to petition to revoke the settlement agreement and then safeguard their legitimate rights and interests.

chinese business daily dafeng news reporter he nan and editor dong lin