Study On The Civil Liability Of School For The Damage Caused By The Minors In School

In recent years,cases of minors in school to harm people are more and more frequent,and this has been on the rise.This not only affects the normal school activities,but also the healthy growth of minors in school.Therefore, the minors'wrongdoing is not only a serious legal issue,but also a matter of the future of the nation's social problems which attracted widespread attention of the community.Once such incident occurred,guardians often attributed the liability to the school management,and request the school to undertake the responsibility,so the research of schools responsible became more and more highly anticipated.In-depth study of this issue has important theoretical and practical significance.The school allege is the school of the narrow sense.The article explored in the context of minors in school during school caused by other physical harm minors in school.It is characterized by:1.the two sides of subjects are in the school minors students;2. Violations occurred in the school;3.Damage limited to personal injury,property damage are excluded.The first chapter discusses the foundation of the school responsibilities. From a practical case began and through existing legal provisions outlined, the author pointed out that China's "extensive" legislation does not completely clear the road for the settlement of such cases.Then the author analyzed the legal relationship between the schools and the minors in school. Now the existence of four major theories is:1.Custody transfer theory; 2.Entrusted custody doctrine;3.Dual responsibility doctrine;4.Education management theory.The author considered that it is more reasonable for management education,and in conformity with the principles and provisions...