Zhengzhou, Henan Province, a 15-year-old girl went to school in a fully closed school, and handed in her mobile phone according to the teacher's requirements during the exam, but the mobile phone disappeared after the exam.
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Mr. Xu is a citizen of Zhengzhou, has a 15-year-old daughter, who attends Zhengzhou New Era Science and Technology Secondary Vocational School, the school implements fully closed management, and mobile phones are used for meals and shopping, so Mr. Xu bought a mobile phone for his daughter.
On November 25th, the school organized the exam, and the teacher collected the mobile phone before entering the examination room, Xiao Xu went to get the mobile phone after the exam, but found that the mobile phone was missing, and it could be connected at first, but the mobile phone could not be dialed after a period of time, and the device was also displayed offline.
Mr. Xu believed that the responsibility for the loss of the mobile phone lay with the school, so he went to the school to claim compensation, but the school said that this was the fault of individual teachers, and it was unrealistic to compensate for the mobile phone, and at most partial compensation would be given, and the two parties could not negotiate many times.
Mr. Xu felt that all the responsibility for this matter was on the school, so he wanted to ask the reporter for help, and after receiving the request for help, the reporter accompanied Mr. Xu to the Zhengzhou New Era Science and Technology Secondary Professional School involved to understand the situation.
The head of the hospital's department said that students should keep their valuables by themselves, and that students should put their mobile phones in the corridor during the exam, which is a public area, and she should have put her mobile phone with the teacher in advance.
The implication of the head of the department is that the students themselves leave their mobile phones in the corridor, which will lead to the loss of the mobile phones, and the students should be responsible for their own responsibility.
In the face of doubts, the head of the department said that on the day of the exam, there was a table outside the examination room for students to put their mobile phones, and Xiao Xu claimed that the mobile phone was placed in that area, but the school was not sure that the student's mobile phone was lost outside the examination room, or it may have been lost elsewhere.
After the incident, the school has called up the monitoring outside the examination room, but it is impossible to find out who took the mobile phone, and the school has also called the police as soon as possible, and ** also intervened in the investigation and assisted in dealing with it.
The head of the department believes that the current evidence cannot prove that Xiao Xu's mobile phone was lost outside the examination room, and if the responsibility is to be divided, the school should bear part of the responsibility, and it is unreasonable to attribute all the responsibility to the school.
According to the school's regulations, before the general exam, the tutor will arrange the class leader to send and receive mobile phones in a unified manner, and the class leader in charge of receiving mobile phones said that on the morning of the exam, she will receive mobile phones in a unified manner, and she will put the mobile phone in the bag after receiving it.
The school said that on the day of the exam, the squad leader may also be in the process of taking the exam, and after the exam, the squad leader may have been negligent in sending and receiving mobile phones, which led to the mobile phone being mistakenly claimed.
In the face of multiple evidence, the school is still unwilling to take responsibility, and a teacher said that whether the reporter's communication with the class leader can be used as legal evidence should be verified with the school's lawyer.
At the same time, now that the public security organs have filed a case, if there is still no way to recover the mobile phone after the final investigation results of the public security organs, the court can delineate the responsibility, and the school will definitely actively bear it.
So, how should this matter be determined from a legal point of view?
At present, the public security organs have filed a case for investigation, and the time has been more than 1 month, I believe that ** has been fully investigated, and the relevant evidence should be fully collected, if there is no accident, there is a high probability that the case cannot be solved, under this premise, the loss of the mobile phone must be borne by one party.
Although the sending and receiving of mobile phones is carried out by the class leader, the class leader is a minor, and the sending and receiving of mobile phones is arranged by the class teacher, so the class leader is an act of duty, and the responsibility should be borne by the teacher.
Article 1191 of the Civil Code stipulates that if an employee of an employer causes damage to others due to the performance of his or her work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
If the teacher asks the student to hand in the mobile phone before the exam, it is a work task, and the school has designated a place for safekeeping.
Of course, as the school said, everything has to be evidence, and Mr. Xu's difficulty lies in proving that Xiao Xu's mobile phone was lost outside the examination room, but there are currently witnesses from Xiao Xu and the squad leader, and there is a high probability that Mr. Xu will be able to claim success.
What do you think about this?
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