Study On The Legal Relations Between School And Students And Settlement Of Responsibilities For The Accidents Harming Students

The management of the students in the primary and middle schools in accordance with the law is the objective requirement of carrying out the national educational guidelines and safeguarding the legitimate rights and benefits of the students in the primary and middle schools. In Chapter 1 of this paper, the legal ground for the primary and middle schools managing the students is dealt with. The articles of the constitution on education, which has the supreme legal effectiveness, the fundamental one guiding the management of the students in the primary and middle schools of China. In the Law on Protection of Minors and the Law on Prevention of the Minor Crimes under the constitution, the regulations on the physical and psychological health of the citizens under the age of 18, that is, mainly the students in the primary and middle schools are further made. In many other laws, such as the General Rules of Civil Law, the Criminal Law and the Labor Law, etc., the concrete regulations on the various rights of minors are also made in the different perspectives. In Section 2 of Chapter 1, the educational laws and regulations on the management of the primary and middle schools are classified. All the laws and regulations have become the ground for the management of the educational and teaching activities in the schools in accordance with the law. In Chapter 2, the legal relations between schools and students are analyzed, which is one of the key chapters of the paper with many theories. In the chapter, the theory of transfer of guardianship, the theory of transfer of part of guardianship, the theory of special power relations and the theory of contractual relations are studies and analyzed. In the meanwhile, the special legal relations between schools and students are presented. The relations between the schools and the students as minors are the ones of rights and obligations in the process of educating and being educated as well as managing and being managed. The educational legal relations are the ones produced by the schools and other educational institutions in the process of carrying out the educational and teaching activities by law in accordance with the national teaching guidelines and educational and teaching criteria; therefore, all the rights and obligations in the legal relations are explicitly stipulated in the laws on education, which are the special relations with the characteristics of public law. In Chapter 3, the representations of infringing acts in the management of the schools are focused on. In Section 1, the characteristics of infringing acts of the schools or the teachers in the educational and teaching activities are first analyzed. When the schools are fulfilling the educational and teaching responsibilities, if the student's body is harmed due to errors, the legal relation should be defined as the legal relation of infringement, and at the same time the three characteristics of infringing acts are explicitly stipulated. In Section 2, the representations of infringing acts in the management of the schools are listed, for example, the regulations on fine widely existing in the primary and middle schools, abuse of the system of encouragement and punishment, "expulsion from schools"or "compelled to be dropped out of schools"in addition to many inhuman regulations on management in the classroom in many schools. In Section 3, the relief measures of further perfecting the students'rights are presented. In line with the situation in which the substantive rights and procedural rights of the students cannot be effectively protected, the author suggests that the judicial rights should appropriately be involved in the internal management of the schools to stipulate the rights of the schools and prevent the abuse of the right of management of the schools. In Chapter 4, the status of the students as the subjects of rights is further determined, the despising of the students'rights in the current theory of the special relations of rights between the schools and the students should be reformed, the school system of respecting the students'rights and benefits should be established, and at the same time the opened school system should be built, the rights of the parents and all the social sectors participating in the education should be expanded and joint efforts should be made to create the rational and legitimate school system and environment suitable to the physical and psychological development of the students. In Chapter 5, which is the second key chapter of the paper, the principlesof settlement of responsibilities in the accidents harming students are focused on. The basic function of the school as the special institution of training the persons with ability is to make use of some facilities and special environment to carry out the educational and teaching activities, in which it is difficult to assure to put an end to the happening of the accidents harming students even if the schools and the teachers have paid adequate attention unless the students are allowed to participate in any activity. Therefore, it is obviously unrealistic to think that the school should take the full responsibilities for the accidents harming students and no similar regulations are made in all the countries in the world. In the meantime, it is also difficult to find the legal ground for the principle of no errors in the settlement of responsibilities for the accidents in the schools. And at present violent disputes are focused on the principle for judgment of the errors of the accidents in the schools. In the paper, the ideas of the research center of the civil and commercial laws of the People's Congress are agreed with, thinking that the applicable scope of the principle for judgment of the errors should be limited to the "person without the ability of civil actions"because the expansion of the applicable scope of the principle for judgment of the errors is actually the negation of the current system of management in the schools, which will unrealistically increase the burdens of the schools and bring about the conflicts between the laws and the current educational system. In Chapter 6, the legal responsibilities for the accidents harming students, especially the civil responsibilities are studied. According to the theoretic analysis in the above chapters and sections, it can be concluded that the responsibilities for the accidents harming students are mainly the ones of infringement. In the determination of the responsibilities for the accidents harming the students, the principle of responsibilities for errors is applicable according to the current laws and regulations. Especially in the Measures of Settlement of the Accidents Harming Students formally promulgated by the Ministry of Education on September 1, 2002, it is explicitly stipulated that the principle of responsibilities for errors is applicable. At the same time, in the paper, the range of responsibilities of the schools, students and guardians of the students as minors as well as the third person is studied, thus beingmore favorable to the survival and development of the students. In Section 2 of the chapter, the strategies of preventing and settling the accidents harming the students are discussed and it is presented that the guideline of settlement taking priority of preventions should be taken and the objective, just, rational, appropriate principle of settlement in time and by law should be followed. In addition, the new measures of participating in the insurance for responsibilities in the schools and gradually realizing the socialization of the responsibilities for compensation are discussed. The establishment and promotion of the insurance of the accidental damages to the students as minors can effectively resolve the dilemma in the current accidents of students, ease the work of the schools and promote the schools to strengthen management.