Who should be responsible for the epidemic situation of pulmonary tuberculosis in campus

He was the chairman and principal of Chongshi school, a private school in Yuanping City, Shanxi Province. In May 2012, the school had an epidemic of tuberculosis. As of December 2012, 198 suspected tuberculosis patients were found in the school.

in July 2013, half a year after the end of the epidemic, Du runshuan and his family were detained. In April 2014, Du runshuan was sentenced to three years’ imprisonment in the first instance of Yuanping Municipal People’s court for “the crime of major safety accident of educational facilities”; he was sentenced to five years’ imprisonment and confiscation of 20000 yuan of property for the crime of bribery of non state staff. Chongshi school, which has been running for 14 years, has been closed down, and more than 3000 students and staff have been dismissed.

Du runshuan claimed that after the outbreak, “everything was carried out according to the procedures”. He did not understand why the epidemic of infectious diseases, which was identified as a “public health event” in several documents, was charged with the crime of “major safety accident of educational facilities”.

for seven years, Du runshuan has been appealing. Now 78 years old, he has lost most of his head and his leg is not working well. He hoped to understand clearly who should bear the responsibility for the tuberculosis epidemic situation, and who should bear the treatment cost of more than 2 million yuan that year. He has not yet received a clear answer to these questions.

after the judgment of the first instance, Du runshuan once appealed three times. After three trials by Yuanping Municipal People’s court, the original sentence of “major safety accident crime of educational facilities” was still maintained. On October 10, 2019, with regard to the latest complaint filed by Du runshuan, Xinzhou intermediate people’s court revoked the previous criminal judgment on the case with “unclear facts found by the original judgment”, and sent it back to the original Pingshi people’s court for retrial. At present, the hearing time of this case is not clear.

in Du runshuan’s impression, the arrest was very sudden. In June 2013, after the summer vacation of the school, he came back from seeing a doctor in Beijing and was suddenly detained by Yuanping Public Security Bureau. Meanwhile, Du runshuan’s eldest son Li Yong, second daughter-in-law Zhao Dongxia and daughter-in-law Du Yongmei, who helped run the school in Chongshi middle school, were also taken away by the public security organs.

this private school is located in Guyang Town, Yuanping City. It has a small reputation for “strict management”. There are about 3000 students in primary and secondary schools, and they all adopt closed management. In addition to the nine-year classes, there are also several tutorial classes, many of which come to other counties in admiration. Some well-known teachers can cram 60-70 people into their classes.

according to his recollection, on May 14, 2012, a head teacher of the school reported to him that some students in the class were suspected to be infected with tuberculosis. They went to discuss with the school doctor, and then reported to the CDC to cooperate with the Education Bureau and the health Bureau to carry out prevention and control work.

Wang Xinhua recalled that schools are the focus of infectious disease prevention and control, and the CDC always attaches great importance to it. However, when several tuberculosis patients who visited the hospital in May registered, they did not truthfully reflect that they were students of Chongshi school. “Some of them were written as” waiting for reality middle school “, while others filled in the telephone number was empty.

the relevant personnel of Yuanping Municipal Health Bureau and Education Bureau immediately rushed to Chongshi school. According to, a total of 453 teachers and students and 39 canteen cookers did PPD test, found that one of the cram class students PPD strong positive, there are 21 cases of suspected tuberculosis patients, so night to report to the health bureau leaders, organized medical teams to enter the school.

on the morning of May 18, Yuanping Municipal Education Bureau and Health Bureau immediately convened a meeting of all the school staff in the school, and decided to start the afternoon of the same day for all teachers and students of Chongshi school to thoroughly disinfect and ventilate the passages, water rooms, dormitories and other public places in the school teaching building in the afternoon of that day.

three days later, Yuanping City established the Chongshi middle school tuberculosis epidemic prevention and control leading group, with Li Haijun, then director of Yuanping City’s Health Bureau as the team leader, mainly responsible for controlling the tuberculosis epidemic.

the tuberculosis epidemic lasted for more than half a year, and the number of infected people was increasing. According to public documents, as of July 19, the school has found 23 cases of tuberculosis; as of September 3, the number of confirmed TB patients has reached 63. This figure did not stabilize until December of that year. At this time, the number of suspicious clinical manifestations in this school reached 198, and no new tuberculosis patients were found.

in the indictment, Yuanping people’s Procuratorate said: “since 2005, the supporting facilities of Chongshi school have not met the relevant provisions of the state. Yuanping Education Bureau has issued rectification notices for many times, but the defendants Du runshuan and Li Yong have never seriously implemented the rectification opinions…”

in addition, the indictment of Yuanping Municipal People’s Procuratorate also wrote, “in May 2012, Chongshi school in Yuanping City successively suffered from tuberculosis. Due to the long-term excess capacity of the school class, crowded personnel and poor ventilation conditions, the epidemic spread and spread. As of December 2012, 198 suspected clinical manifestations have been found, 104 TB patients have been confirmed, including 6 seriously injured and 7 slightly injured, 81 students suspended from school for one year. After the outbreak of the epidemic, more than 100 parents went to the provincial, municipal and National Family Planning Commission and other places for petition, resulting in adverse social impact and direct economic loss of 5492390 yuan. ”

after the court made the first judgment in 2014, Du runshuan appealed three times. In May 2016, the intermediate people’s Court of Xinzhou City, Shanxi Province, sentenced Du runshuan, the defendant, to three years’ imprisonment and five years’ probation, to commit the crime of major safety accident in educational facilities. Another non state official bribery charge was dropped.

in July 2012, Du yongcong, Du runshuan’s second son, attended the “seminar on school tuberculosis epidemic situation analysis” organized by the center for tuberculosis control and prevention of the Chinese Center for Disease Control and prevention in July 2012. When analyzing the epidemic situation at that meeting, he said that “there were 23 cases of patients in a short period of time in the same semester, including 18 cases of pulmonary tuberculosis”; and “class gathering” According to, it was determined as a school tuberculosis public health event. At the meeting, five schools across the country reported on the similar situation with Chongshi middle school.

Du runshuan’s defense lawyers believe that according to the “public health emergencies, the health administrative departments of the local people’s governments at or above the county level shall be specifically responsible for organizing the investigation, control and medical treatment of emergencies”. “The public health incident is not a liability accident, the school is not the main responsibility subject, and the principal should not be the subject of compensation obligations.”

in this regard, Jane Eyre, a lecturer at the school of law of the Central University of Finance and economics, told reporters that according to the provisions of article 138 of the criminal law on the crime of major safety accidents in educational facilities, if the person directly responsible fulfills the reporting obligation or takes corresponding measures, then it does not constitute the crime; on the contrary, if a major casualty accident is caused by failure to report in time or delay concealment, the criminal law shall be directly responsible Any person appointed shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. As far as the subject of the crime is concerned, the principal, as the person in charge of the administrative department of the school, has the responsibility of checking and reporting the situation of teaching facilities and disease prevention and occurrence in the school, so he can become the “direct responsible person” of this crime.

Professor Zhang Sihan, honorary president of the legal documents research association of China law society, believes that the original intention of the crime of major safety accidents in educational facilities is that they are aware that there are major hidden dangers in school buildings, including education and teaching facilities, and do not report and take measures in time, resulting in heavy casualties. But at present, there is no evidence that there is a potential safety hazard in school buildings. Tuberculosis is not caused by unsafe factors in school buildings, and there is no inevitable causal relationship between the two.

in the judgment of the first instance, one of the main bases for judging Du runshuan to commit the crime of “major safety accident of educational facilities” is the six serious injury identification documents issued by the judicial appraisal center of Xinzhou Public Security Bureau, and the objects of identification are all sick students of Chongshi school.

Du runshuan questioned these identification documents. Among them, in a girl’s identification document, expert consultation opinion that “pre operation and tuberculosis infection have causal relationship”. However, when he inquired about the student’s medical records, he found that she had appendectomy due to sudden appendicitis in May that year. At that time, the hospital’s pulmonary nodule examination did not find that she had tuberculosis, and it was not until August 30 that year that she was first diagnosed with the disease.

in this regard, the reporter contacted Xinzhou Public Security Bureau, and the reply of the forensic medicine of the Criminal Technology Department of the Xinzhou Municipal Public Security Bureau was as follows: according to the expert consultation opinions from August 29 to 31, 2013, the forensic documents were issued to identify the physical damage of 14 students. The main basis for identification is as follows: first, the case handling department determined that the incident was a criminal case; second, in the criminal case, it was necessary to identify the consequences of moderate or severe dysfunction of the body organs of more than ten students; third, tuberculosis was transmitted by tuberculosis, which met the requirements of biological injury in identification terms, causing mild or severe injury or partial injury to human tissues and organ structure Reference clause for sub functional or severe impairment.

in this regard, Jane Eyre said that if the party concerned disagrees with the appraisal conclusion made by the appraisal department entrusted by the people’s court, he applies for reevaluation, and requires the defendant and the defender to raise doubts in the cross examination at the trial.

at present, Du runshuan has applied to the court for reexamination, but the court has not yet made a formal response to whether he agrees to take medical records, whether he agrees to reevaluate, and whether he agrees to testify in court.

Du runshuan told Zhongqing daily. Zhongqing.com that during the spread of the tuberculosis epidemic, he organized the head teacher of the school to visit the hospital and the families of the sick students. He also gave some families about 500 yuan of consolation money. Before that, when the whole school teachers and students were screened for tuberculosis, the cost of epidemic inspection was 48240 yuan, which was also paid by the school. The school also lent a sum of money to the parents of some sick students. Now only a pile of IOU has been left, which adds up to more than 250000 yuan.

Li Wanjun, then the discipline inspection leader of Yuanping education and Technology Bureau, told reporters that the money that Chongshi school had taken could not meet the needs of parents for medical treatment in the later stage. Finally, the Yuanping municipal government spent about 30 million yuan and “all departments and units in the city have invested” to basically calm down the situation.

after the outbreak of tuberculosis in 2012, Li Wanjun took over the aftermath of the incident. He recalled that when he participated, the parents of the sick students were dissatisfied with the handling of the matter. In order to meet the requirements of parents, there was a period of confusion, “when they want to see a doctor and how much money they take, they can get money by making a note.”. Yuanping municipal government set up a “aftercare” to let parents go to the hospital for unified medical treatment, which was gradually standardized by the government.

in a list collected by Du runshuan, the treatment situation of the sick students, parents, cooks, cadres notified by the Education Bureau at that time was listed in detail, as well as the payment of the Health Bureau, the Education Bureau and the rehabilitation office. According to the table, from May 2012 to December 2013, 211 cases of tuberculosis patients were registered, but the form is not complete. It only shows that some people have received the consolation money from the Education Bureau or the rehabilitation office. Among them, the patients with the largest amount of registered compensation received more than 260000 yuan.

a parent of a student who asked for anonymity told the reporter that his child was found to have tuberculous meningitis at that time, which was a relatively serious situation. Before and after 16 times of waist wear, and later went to Beijing for medical treatment, for which he suspended school