NANJING: A draft regulation aimed at clarifying responsibility for school accidents has come under fire from residents in East China's Jiangsu Province.

The regulation, drafted by Jiangsu Provincial Legislative Affairs Office and released on Tuesday for public consultation, outlines several situations in which schools are absolved of any responsibility for accidents involving students.

Examples of these situations include accidents that happen when the students are going to or from school, accidents caused by a child despite warnings from a teacher, and accidents caused by a third party.

Pan Feiyong, father of a middle school boy in Nanjing, said that the rule exempting teachers if they have given warnings is unworkable and unfair.

"It is difficult to prove whether the teachers have actually warned the students before any tragedy occurs. Eyewitnesses might give incorrect accounts if they are coerced or threatened. In such circumstances, it is definitely unfair on the victimized students and their families," said Pan.

Pan insisted that the new regulation would give the schools more excuses to wash their hands of trouble.

"I am afraid that the teachers will no longer be so concerned about students' behaviour when this new rule comes into force," said Pan.

Xu Jie, mother of a 9-year-old elementary girl, shared Pan's fear.

"I have heard several incidents of insane people forcing their way into schools and killing children. But that does not mean the schools are without responsibility. If they guarded the schools properly many accidents could be avoided, " said Xu.

Last week for example, a man in Central China's Henan Province, frustrated his romantic advances had been spurned by a female teacher, took several children hostage.

However, local school leaders welcomed the regulation.

Wu Jun, headmaster of a foreign language school in Suzhou, said the regulation means many schools will now be treated fairly, as in the past they have often been made scapegoats.

"We are really tired of handling so many accidents that are not the school's fault," said Wu.

"Most of the accidents happen out of class, and are caused by third parties or the children themselves. Currently our teachers are always worried and suffer huge pressure. The regulation finally puts an end to this dilemma," he said.

According to lawyer Liu Zhengchao with the Nanjing-based Contemporary Security Law Firm, the new regulation is a sign of progress.

"It has clarified for the first time in Jiangsu exactly who should be responsible for school accidents," he said.

However he warned that to avoid future financial disputes, schools and students should make sure they are properly insured.

According to media reports there has been a sharp rise in school accidents in recent years and subsequent legal disputes over compensation.

(China Daily 06/02/2006 page3)