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学生伤害事故是指在教育机构实施的教学活动或者组织的校外活动中,以及在学校负有管理责任的校舍、场地、生活设施、其他教学设施中发生的,造成学生损害的事故。教学机构与无民事行为能力人、限制民事行为能力人之间本质是一种教育、管理的关系,这与基于血缘而产生的监护关系不同。因此,对于无民事行为能力人、限制民事行为能力人负有教育、保护、照顾、督导等义务的教学机构,未尽此责任致学生受到伤害的,应当承担相应的民事责任。如果损害是由第三人,即教育机构及其工作人员以外的人所造成的,由行为人直接承担相应的民事责任。
Student injury accidents refer to accidents that cause damage to students in teaching activities implemented by educational institutions or out-of-school activities organized by the organization, as well as in school buildings, venues, living facilities and other teaching and learning facilities that the school has management responsibility. Teaching institutions and non-civil capacity of people, the ability to restrict the nature of civil behavior is an educational and management relations, and blood-based guardianship relationship is different. Therefore, for those teaching institutions that have no civil capacity and who have the obligation to restrict, educate, protect, care for, and supervise, they should bear the corresponding civil liability if they fail to do so. If the damage is caused by a third party other than the educational institution and its staff, the borrower shall directly bear the corresponding civil liability.