[Direct answer]In the Beijing area, if the external perpetrator bears tort liability, and the school fails to fulfill its management duties, it shall bear corresponding supplementary liability. Article 1202 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if a person without or with limited capacity for civil conduct suffers personal injury from a third party other than the kindergarten, school or other educational institutions during their study or living period in such institutions, the third party shall bear tort liability; if the kindergarten, school or other educational institutions fail to fulfill their management duties, they shall bear corresponding supplementary liability, and may seek recourse from the third party after assuming supplementary liability. To determine whether the school has fulfilled its duties, it is usually necessary to examine whether the access control and security management, visitor registration, campus patrol and emergency response are in place. If the perpetrator is suspected of committing a crime, criminal responsibility shall be investigated in accordance with the law, and civil compensation and criminal proceedings may proceed concurrently.

I. Problem Background and Typical Scenarios

Although incidents of off-campus individuals entering the campus and causing harm are not common, the consequences are often serious. Typical scenarios include: unrelated individuals entering the campus without registration to commit crimes; due to lax access control, mentally abnormal individuals entering the teaching building to cause harm; during the school dismissal period, off-campus individuals clashing with students; insufficient campus security personnel or failure to stop the situation in time. The key to determining responsibility lies in whether the school's safety management system has been established and implemented, and whether the response to the incident was timely. When handling such cases in the Beijing area, entry and exit registration, surveillance video, security duty records, and emergency response plans are important evidence. Relevant practices can be referred to for reference.Personal injury and medical disputesThe processing approach of the problem.

II. Key points of contention

Focus One: The Liability of the Perpetrator: As the direct infringer, they should bear compensation liability for the damages and be subject to criminal prosecution if suspected of committing a crime. Focus Two: Whether the School Has Fulfilled Its Management Duties: Whether the access control system, registration of outsiders, and the deployment and patrol of security personnel have been implemented. Focus Three: The Application and Scope of Supplementary Liability: The school should compensate for the portion that the third party cannot compensate within the scope of its fault, rather than assuming full responsibility. Focus Four: Right of Recovery: After assuming supplementary liability, the school may seek recovery from the third party. Focus Five: Whether the Emergency Response Was Appropriate: Whether prompt measures were taken to stop the incident, report to the police, and provide medical treatment after the incident. Focus Six: Compensation Items: Including medical expenses, nursing care fees, disability compensation, and compensation for mental distress. Focus Seven: Path selection for criminal incidental civil litigation and separate civil litigation.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that such cases should be pursued on two fronts: claiming compensation from the perpetrator and reviewing the school's management responsibilities. First, identify the direct infringer: clarify the identity of the perpetrator through reporting and investigation, and regard him/her as the primary subject of compensation. Second, review the school's security measures: retrieve entry and exit registration records, surveillance videos, and security duty and patrol records to determine whether there are omissions in access control and management of external personnel. Third, grasp the nature of supplementary liability: the school only bears supplementary liability within the scope of its negligence, and the victim should first claim compensation from the third party and then have the school make up for the uncompensated portion. Fourth, identify the rules of recourse: the school can seek recourse from the third party after making compensation, so the victim should not be exempt from claiming against the third party simply because the school has already made compensation. Fifth, claim compensation items: calculate each item in turn, including medical expenses, nursing care fees, transportation costs, and disability-related items, and claim compensation for mental distress. Sixth, pay attention to criminal procedures: if the perpetrator is suspected of a crime, compensation can be claimed through criminal incidental civil litigation or by filing a separate civil lawsuit. Seventh, preserve evidence in a timely manner: surveillance videos and entry and exit records have a limited retention period, so they should be retrieved as soon as possible. The above-mentioned approach is in line with the relevant legal provisions and judicial interpretations.Personal injury and medical disputesIt is consistent with my practical experience.

IV. Practical suggestions and legal basis

Action recommendations: First, immediately report the incident to the police and seek medical treatment after the incident, and keep the receipt of the police report and medical materials; Second, retrieve and preserve the surveillance video, entry and exit registration, and security duty records as soon as possible; Third, identify the identity of the perpetrator and make him the primary claimant; Fourth, review whether the school's security measures are adequate, and if necessary, claim corresponding supplementary liability; Fifth, apply for an appraisal in a timely manner if the injury constitutes a disability, and file a lawsuit in accordance with the law if no agreement can be reached. Legal basis: Articles 1179, 1199, 1200, and 1201 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding personal injury compensation, the liability of educational institutions, and supplementary liability for personal injury caused by third parties. For personal injury compensation, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputesFor cases involving criminal prosecution, you can refer to the following information for reference.Criminal defense and criminal case filingFor reference, you can check the execution of the loss involved in the caseCreditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the person primarily responsible for the harm is the off-campus perpetrator, and the protection of rights should start with identifying his/her identity. Secondly, the school bears supplementary liability, limited to the scope of its negligence in fulfilling its management duties. Thirdly, entry and exit registration, surveillance footage, and security duty logs are key evidence to determine whether the school has fulfilled its responsibilities, and these should be preserved as soon as possible. Fourthly, after the school makes compensation, it can seek recourse from third parties, and the victims will not thereby lose their rights against the third parties. Fifthly, criminal proceedings do not affect civil claims, and the two procedures can proceed in parallel. For matters involving the enforcement of funds, the relevant procedures can be carried out through legal channels.Creditor's rights and debts, and enforcementUnderstand the path.

VI. Frequently Asked Questions

Q1: If an off-campus person injures someone on campus, does the school need to compensate them?

The infringer outside the school shall bear the tort liability; if the school fails to fulfill its management duties, it shall bear the corresponding supplementary liability. That is to say, the infringer shall make compensation first, and the school shall make up for the part that cannot be compensated within the scope of its fault. After the school makes the compensation, it may seek recourse from the infringer.

Q2: Is it considered a dereliction of duty if the school's access control system is not strict enough?

Perhaps it does. Registration of outsiders, access control management, and the deployment of security personnel are important components of school safety management responsibilities. If the access control is lax, outsiders are allowed to enter without registration, or security personnel fail to stop them in time, it is usually considered a management oversight. Whether the school promptly stops the situation, calls the police, and arranges for medical treatment also falls within the scope of evaluation of management responsibilities.

Q3: Does the supplementary liability mean that the school only compensates a small portion of the total amount?

It is the part that is commensurate with its fault. The scope of supplementary liability depends on the extent of the school's failure to fulfill its duties, and is limited to the part that cannot be compensated by the third party. The school's compensation ratio is not fixed and needs to be determined by the court based on specific evidence. The specific ratio is determined by the court based on the degree of fault and the evidence, and both parties can provide evidence.

Q4: What should I do if I can't find the perpetrator?

You should first report the case to try to identify the perpetrator. If it's really impossible to determine the identity of the perpetrator, you can focus on reviewing whether the school has any management omissions, and claim corresponding compensation based on that; at the same time, keep the materials and evidence of the report, and you can still claim rights after identifying the perpetrator. At the same time, you should keep the materials of the report and relevant evidence, and you can still claim rights after identifying the perpetrator.

Q5: What evidence do I need to prepare if I want to sue the school?

The following materials can be collected: attendance and access control records, surveillance videos, security duty and inspection records, emergency response plans, descriptions of the incident and witness statements, as well as medical records, invoices, and appraisal opinions that prove the consequences of the damage, which can be used to demonstrate the school's failure to fulfill its management responsibilities. These materials can be used to highlight the school's shortcomings in access control and security management.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.