Research Into The Civil Liability Of Middle Schools In The Cases Of Students' Injury Accidents

In China, there are insufficient rules in the civil law with regard to the cases of middle school students' injury accidents. Due to the ambiguous understanding of middle schools' civil liability, there is no agreement between theoretical circle and judicial practice on the principles of adjudicating the civil liability of middle schools in the cases of students' injury accidents, which makes it difficult to deal with the frequent cases of students' injury accidents. On the basis of an analysis of the fundamental civil liability of middle schools, the distinction between the students with qualified civil capacity and the students with complete civil capacity, a thorough analysis of the legal relation between state-run schools, civilian-run schools and their students, as well as the explanation of guardian theory, contract theory, and the theory of education, administration and protection, this paper discusses that it is middle schools' legal obligation of educating, administering, protecting and caring about students that determines the civil liability imposed on middle schools in the cases of students' injury accidents. The paper also suggests that this obligation should be stipulated in the civil law, which forms the legal foundation for the civil liability of middle schools. Second, on the basis of the legal relation between schools and students, and a detailed analysis of doctrine of liability for wrongs, doctrine of presumptive wrongs and doctrine of equitable liability, this paper puts forward the general principles of adjudicating doctrine of liability for wrongs of middle schools, and the special form of the principles applied in special cases, i. e., doctrine of presumptive wrongs. This paper also analyses the four important conditions constituting the tort liability on the part of schools and the prerequisites for middle schools' civil liability, i.e., the specific cases of middle schools' faults. Third, the paper discusses the varied cases of students' injury accidents in which middle schools should undertake or should be exempted from their civil liability. Finally, under the analysis of middle schools' civil liability and the institution on the compensation on the part of middle schools in Japan, Germany and other countries, the paper puts forward some applicable suggestions on the making of related laws in the Chinese Civil Code.