Study On School Liability Of Students' Injury Accident

Students' injury accident is a very common accident, and issue of school responsibility is also very controversial. Towards issues of the sources of school responsibility ,definition of legal relationship between schools and their students,the subject of students' injury accident,the time damage occurred and the types of liability of the school , they are all very controversial in the theory and the judicial practice. This paper will focus on these controversial question including sources and properties of School responsibility, the school responsibility imputation principle, school responsibility constituents and school responsibility type and scope of compensation.In chapter one, from a typical case, I have analyzed some important issues, especially for the issue of definition of legal relation of between schools and their students. I have summarized that schools should bear the responsibility from legal provisions. Legal relation between schools and their students should be defined as a kind of education, management, protection security obligations between them.In chapter two, I have analysis the school responsibility imputation principle regulation from theoretical circles and judicial practice and summarized that in the school students' injury accident we should give priority to the principle of fault liability and fair liability complementarily.In chapter three, components of school responsibility is analyzed, especially for the definition of students, reasonable time damage occurred, School fault, relationships between students and school. I think our country should formulate unified judgment standard and avoid similar accident to the occurrence use the different standard. In the chapter four, type of school students' injury accident, scope of compensation responsibility are analyzed, and I have put up my owe views toward this system predicted.