The Civil Compensation Research On School In The Minor Student Injured Accident

In recent years, the minor student injured the accident to occur frequently, causes between the minor student, the guardian and the school dispute and the lawsuit increases day by day, the minor student injured in the accident the liability of compensation question, already became one of educational fields attention hot topics. The minor student injures unceasing occurrence, not only to the school teaching, the management and so on has the major impact, has the impact on the campus normal teaching and the management order, moreover creates many astatic factors to the society.This article through an illustrative case, take "Right infringement Responsibility Law" as an angle of view, injures the accident middle school to the minor student to undertake the liability of compensation nature, the responsibility form, to turn over to the responsibility principle, the damage compensate rule and the compensation scope makes the thorough analysis. The first part orientation lecture for the case and trying that the selection case is "Chinese Trial Case Guidebook" about the minor student personal injuries illustrative case. The second part in view of case in dispute focal point, to school, in the minor student injures in the accident the civil compensation question to do the deep research. "Right infringement Responsibility Law" further differentiates the minor for not civil capacity person and the limit capacity person, and has stipulated the mistake estimation principle and the mistake principle separately to both's protection. This article stresses on the research not civil capacity student injures the accident, as well as protects to not civil capacity person adopts the mistake to estimate that the principle the rationality carries on the analysis, and to the school civil compensation's nature, the responsibility form and the spirit damage compensate conducts the research suitably. The third part is about some ponders which initiates by this case. First, injures the accident regarding the underage student, after the school undertakes the liability of compensation, legally whether to enjoy the additional compensation power, should regard the concrete situation to decide. Second, injures in the accident regarding the underage student to compensate the way the exploration, particularly promotes now student free from particular average and school authorities liability insurance, when has the student personal injuries lawsuit, how to Insurance company's lawsuit status and the compensation question to determine that has carried on the analysis. Third, is solves the school, inthe underage student injures in the accident the compensation question and puts forward some legislative proposal for the construction harmonious campus.