Study On School Responsibility Of Student Injury Issues

With the development of education in our country, injury has become the hot concern in our social, school, students and families. Does the school take responsibility or not, according to which responsibility principle and what kind of responsibility is the key to solve the problem. However, with the loss of legislation, to which approaches to identified students injuries, there is much controversy in theory and practitioners. Resulting in recurrence of school student injury is often at a loss after. The increasingly student Injury has become a serious problem of the schools. From a legal perspective to analysis the responsibility of injuries and use legal means to deal with injuries properly. Reducing injury negative impact on school students, families, society and the student's own has become a significant problem.In this paper, we use the methods of comparative analysis, systems analysis and conceptual analysis. On the basis of in-depth analysis to research theoretical circles of the main representative domestic view to examine these five aspects in the Student Injury liability issue.The first part to define the student injury is from both the extension and intension of students. To define the concept of injury accidents, the most important thing is to clear the scope of the accident, in order to "door to door" principle, we must analyze specific issues. Student injury classification to the attribution of accountability based on the accident is divided into four categories, school accidents, students and guardians of accidents, the third party liability and the third party victims of accidents. This is the basis for further analysis of the legal liability of schools. The second part studies the legal basis of the school taking student injury responsibility. First, it must be clear to figure out what legal relationship exists between schools and students, doing this can help us to study the Student Injury responsibility. Legal relationship is the standpoint to research student injuries. The relationship between the schooSl and the students rights and obligations content is the legal basis to deal with theof injuries to deal with the student liability. On the analysis of various domestic theories,We proposed the relationship between school and student as below: educate and educated relationship;protect and protected relationship;general duty of care security obligations relationship. Furthermore, the theoretical analysis for the schools to take students injurier responsibility is safety and security obligations. This paper argues that profit reward theory, risk control theory, trust relationship theory is the theoretical basis for schools to take students injuries. Then, We analysis the specific content of the obligation the safety and security of the schools as the upholstery tostudy student injuries.The third part is the focus section of my article. This chapter studies the civil commitment of schools. For schools, if taking civil responsibility need understand the liability identified.It is inseparable for us to research the principle of attribution;classification of responsibilities.So this part discusse mainly from three aspects the fault identified of the schools, the principles and fault attributable. On fault identification aspect, we mainly research the "fault" situations of responsibility for schools. We study "fault" is always inseparable with the "duty" of care. We divided fault from the theory of negligence judgments, there is "subjective standard" and "objective standards. said," Based on it, we proposed the related theory and judicial practice in China.In this article finds fault Identified should adopt the "objective standard" if the law don't have the related standard, we adapt the "reasonable person" standard. Meanwhile, in order conducive practical operation,in this article finds fault raised performance standards. On responsibility Principle:In this paper, on the basis of the related theory, combined with the latest issued of the "Tort Liability Law," we according to different age groups on the victims of negative attribution adapts the different principle for schools. That is, in negligence cases, no capacity for civil conduct we use the principle of presumption on fault, on the limited capacity for civil conduct we use the principle of fault liability. On causal relations, in accordance with the difference of "security obligations", we specifically addressed directly responsible and indirect responsibility of two different cases for the schools on identification of causal responsibility. Finally, this section studies the classification of school responsibility. This responsibility will be divided into the direct responsibility and the corresponding additional responsibilities for the schools. Which mainly studies the situation of additional responsibility of the school to bear the corresponding burden-sharing. As for the exemption of the analysis is an integral part of school tort liability.The fourth part mainly studies the responsibilities for foreign schools on, as well as the foreign ralated theory and practice to what Favorable in China. First, we studies the duty of care and fault identified from the foreign theory of the schools. Second, related to the specific operation of the school reality in the United States and other countries,in our State we should take "three elements, said," so for our county's inspiration and reference,with the responsibilities theory and practice of the school responsibility for the constituent elements taken and recognized standards on the school's fault, we should not only adapt the statutory standard, and the "good management person"(rational people) practice standards, should be added.Finally, my article studies the improvement on the responsibility of the school proposals and students injury prevention.First of all, on the basis of assessment of the students injuries of existing laws, we pointed out in the legislation of the provisions of the existing laws on the inadequacies of the accident. Secondly, in my paper argues that the responsibility of the school compensation should be included in compulsory insurance liability accident and the scope of liability insurance of the schools should be socialization.