On The Civil Liability Of Kindergarten In Kindergarten Children's Personal Injuries

In recent years, personal injuries of kindergarten children happen frequently, which initiates repeating legal disputes. In theoretical circles and practice circles, we haven't reached a consensus on how to decide whether the kindergartens have to assume responsibilities on these accidents and how to make the decision. The nursery education belongs to pre-school education, is also a part of national basic education. The kindergarten children are a special group that needs specific protection as the physical and metal development of them are immature. The nursery education has attributes of education, nursing and daycare, which is different from compulsory education and adult education. The kindergarten children have no capacity for civil conduct; the relationship between the kindergarten and the children is the legal relationship of education management, not the relationship of entrusting supervision contract or guardianship shift, which determines that the kindergarten will bear larger responsibility. If the kindergartens bear civil liabilities when personal injuries of children occur, it will cost less to prevent these accidents happening, reduce them and realize social benefit. The imputation principles adequate for kindergarten children's personal injury accidents should be applied on the basis of distinguishing from different types of injury accidents. From the current perspective of the laws, the law of nursery education is incomplete; the is not formulated; the nature of early childhood education and management are not defined definitely. Thus, the particularity of pre-school education is not highly valued and the legal grounds are insufficient in dealing with personal injuries happening to these kindergarten children. The promulgation of < Solutions to Students'Injury Accidents> rules about how to deal with the personal injuries of the kindergarten children, however, it is short of operability and quite general for the extent of compensation and damages rule of kindergarten children's personal injuries. Furthermore, there are no specific rules in other laws and regulations. Therefore, it is of major and immediate significance to constitute the ; to reserve funds for children's injury; to draw up children's injury insurance system, educational compensation system and public donation system; and to complete the laws about the kindergarten's civil responsibility to the children who are personally injured.