Study Of School Liability And Remedy Problems In Students' Personal Injury

"Fujian Nanping tragedy" occurred, a criminal with civil compensation is difficult to perform, the responsibility of the school was mentioned, Nanping City Experimental primary school should not bear the responsibility? What responsibility should bear? If the school doesn't assume responsibility, then how can the victims and their families be compensated? On these problems, people talk about from different perspectives, different opoinions. So it is very important to sort out these problems for the correct handling of student injury compensation disputes, protection of the students' legitimate rights and interests, maintaining of the normal teaching management order of the school. The paper is divided into three parts.The first part introduces the case of "Fujian Nanping tragedy", and analyzes the focuses of dispute, in order to extract the main problems existing in this case.The second part is the specific analysis of the school responsibility about "Fujian Nanping tragedy". This chapter is a key part of this paper, discussed from four aspects. The first aspect is the theoretical analysis about the property of school responsibility. This aspect analyzes many standpoints about the property of school responsibility, for example the theory of responsibility serving as guardian, the theory of responsibility of breaking contract, the theory of legal responsibility. On this foundation, incorporating the rules of our law, I point out the legal relationship between school and nonage students isn't wardship and contractual relations, but a special legal relationship of education, the responsibility of school is legal education, management and protection. The second aspect is the theoretical analysis about responsibility principle of school accident. The author holds her ground that under normal circumstances the fault responsibility principle should be applied to school accidents, compared with fault presumption responsibility principle,non-fault responsibility principle, and fair responsibility principle. The third aspect is the time and space scale to protect the nonage students for the schools. School accidents have specific time and space scales, that is, they must have occurred within the time and space which can be controlled by school. The fourth aspect is about constitution items of school accident responsibility, which include offense, fault, losses, and relationship of cause and effect. According to the analysis, we can conclude that the school isn't liable for civil compensation responsibilities in" Fujian Nanping tragedy". The third part is the social relief for "Fujian Nanping tragedy". In this case, the school isn't liable for the tragedy and the murderer is unable to compensate,then how the victims and their families get relief? To this I believe that social relief should be sought, proposing three specific measures and strategies, the first to develop social insurance, followed by the building and improvement of the minimum living security system, again to establish an assistance and compensation system for criminal victims.