On Civil Liability Of School For Personal Injury Of Minor Students

Education is the major responsibility of school, which also have obligation to manage and protect its students. The liability school bear depends on the type of acts and perpetrators. On the one hand, different types of violations make the accountability principle for school's civil liability altered. On the other hand, the form of liability also be affected by the types of violations. How to bear the liability is not only related to interests of the injured students directly, but also important for the development of school.In addition to the introduction and conclusion, the thesis is divided into three parts.Partâ… analyses the legal relationship between school and its students. Through generalizing main theories of the legal relationship between school and its students, the thesis accepts the theory of"Education legal relationship"after compared and commented. And the liability of school for its students'personal injury should be tort liability.Partâ…¡analyses school's liability without tort of the third party. It refers to the liability of injuries caused by facilities or installation of school, or any other injuries caused by school itself, acts of its employees and acts of its students etc.. The liability of school should apply fault liability principle in the accountability principle system that includes fault liability principle and no-fault liability principle, and the fault should be determined with an objective standard that depends on school's legal duty owed to its students. The fault can be presumed as a fact if the injury is caused by facilities or installation of school or by students without capacity for civil conduct, or when the victims are students without capacity for civil conduct.Partâ…¢analyses school's liability with tort of the third party. In this circumstances, school have security obligations to its students, and the standard to establish duty of care is different. However, when the victims are students without capacity for civil conduct, plaintiff have to prove school's having fault as it's not accepted as a legal presumption by the court. Furthermore, the thesis analyzes the rationality of applying supplementary liability to school. The infringement of its students'personal right makes school responsible for the compensation to the victims, and the victims can choose anyone, school or the third party, to claim the compensation. Therefore, the regulation of supplementary liability of school is not reasonable. When injury is caused by students, the school and infringer's guardians should share the liability according to their own fault. When injury is caused by the third party, the liability form between school and the third party should be unreal joint liability.In the conclusion, the thesis makes some proposals to regulations for tort liability of school in Tort Law of the People's Republic of China according to the views obtained from the thesis, the way to disperse the risks to society and to balance interests of school and its students.