Research On Civil Liability Of School For Campus Torts

In recent years, the campus torts frequently happen which not only damage the interests of students and school, but they also let Chinese education face tremendous pressure. After torts occur on campus, whether the school should bear legal liability or not, which principles they shall make reference to for liability attribution, how to identify school's fault and other issues become the focus for proper solution of such events. The present legal provisions need further refinements and improvements on these problems. There are big academic controversies on this. Sorting out these views has great significance in the correct handling of infringement cases, protecting the legitimate rights and interests of each party, maintaining the normal order of teaching in school management, as well as for social harmony and stability. This article is divided into four chapters to conduct the discussions:The first chapter is an overview of campus torts. It clearly defines the concept of campus infringements and describes the characteristics of campus infringements from five aspects combining with the present legal provisions.The second chapter discusses the doctrine of liability fixation for civil responsibility of campus infringements. This is the focus of this paper. The paper believes that there is a legal education and management relationship between school and underage students. On that basis, taking a reference from relevant legislation cases in other countries and regions, it describes that no-fault principle shouldn't be adopted in the school responsibility for torts. And school shall not assume fair liability but fault principle should be followed for campus torts. But it differs on the distribution of proof responsibility according to civil conduct capacity of students.The third chapter describes the constitutive requirements of school civil responsibility for campus infringements. They are facts of damage, causality and actor's subjective faults. Damage facts are limited to personal injury suffered by students. If we want to determine whether there is a causal relationship between school behavior and students damage facts, we shall adopt"causal relationship theory". Finally, it makes deep description of rational and practical standards which can identify school faults. This paper argues that it is more rational to adopt "objective standard theory" than "subjective standard theory". And through the induction of school obligation it makes further elaboration in how to identify the faults of school in judicial practice.The fourth chapter describes the shouldering and exemptions of campus infringements in school's civil liability. It takes damage source as standard and discusses the issues of civil responsibility shouldering from school internal damage and the third person out of school these two cases. Then it lists the cases in which school behaviors can be exempted from civil liability due to no errors occurred. Finally, it selects two common circumstances in practice, "students'personal injuries which are caused by violation of school discipline and rules" and "students'personal injuries which are caused in physical education and experimental class", it explores the issue for school responsibility undertaking.