浅析《学生伤害事故处理办法》

教育部于2002年8月21日颁布的《学生伤害事故处理办法》已于同年9月1日生效。其意义在于对于一直没有直接法律规章依据的学生伤害事故处理给了一个较为明确的规定。然而，本规章存在与民法基本法相冲突、超越部门立法权限以及立法技术不完善等方面的欠缺。

Analysis of the Rule of Handling Student-Injured Accidents

The significance of The Rule of Handling Student Injured Accidents , which was issued by the Ministry of Education on August 21, 2002 and took effect on September 1, 2002, is that it provides a definite regulation for us to deal with student injured accidents at a time when people did not have any laws or regulations to refer to in handling accidents in which students got injured. However, the establishment of the rule goes somewhat beyond the departmental legislative power, the rule lacks legislative technique in many respects and some articles in the rule are in conflict with the Civil Law.