The Liability Of Civil Action On Accident Of Injury To Students

In recent years, the happening and solution of the problem of injury to students has come to be the hot-point of the society. Legislation on these accidents in our country is still juvenile, especially on the definitude of the liability, and the solution of this kind of accidents. It lack of practicality and causes much dissidence. Consequently, the condition is not beneficial to the development of national educational. Legislation on injury to students and execution of law starve for improvement and enhancement, on the other hand, the practice of legislation and judicatory is calling for a better instruction on accidents of injury to students. The writer, from the point of focuses of arguments arose by the accidents of injury to students, adapting the methods of philology, comparison, case analysis, referringthe foreign practical experience as well as legislation, assimilating the achievements from multitudinous law experts' and educational experts' theories, summing up the judges' wisdom and rich trial experience, managed to analyze the important law-applying problems on injury to students in our country in recent years. The writer tries to do her possible contribution to the nation' s building of law and research of theory on the phenominon of injury to students.The following are conclusions out of the comparison, analysis and research:1 School is not students' guardian. Schools protect and supervise students' health and safety, in order to fulfill their specified duty of education, but these responsibilitiesof administrating have their limited range, instead of keeping students under the restrict all places and all time. In principle, the range that school rules covers related to the duty of education of school.2 Two principles of judging liability, fault liability and justice liability, serve the accident of injury to students. Principle of fault liability is used dominant, and justice liability assistant. In general, fault liability is applied to decide whether school or teacher has liability to the happening and result of the accident, as well as the level. Thereby the subject of liability is certified, and compensation for the injury is made. This is the common principle in solving this kind of cases. Under special circumstances, principle of justice liability is considered to make a temper, but it is used exclusively under strict limit of conditions.3 According to the principle of fault liability, school have the alternative of responsible and irresponsible based on faulty or faultless, and severity. Cognizance of a faulty school is decided by whether the happening of the accident;is directly related to school education activities as well as whether student, him/herself has fault, rather than the time or the place of accident. The amount of liability that school has to take is decided by the amount of school' s fault, rather than the severity of the injury.