Study On The Compensation Liability Of Student Injury Incidents

The issue of student injury incidents has been the concern of the schools, the academics and the society. There are many controversies around the issue of student injury incidents. In the legal practice, different policies and principles have been applied on solving the civil cases of student injury. This paper is written on the basis of theories of tort, with the objective to fairly and appropriately resolve the disputes arising from the student injury incidents. In the paper, the concept, the principle of responsibility imputations, the preconditions for the determination of responsibility of compensation, the approaches to compensate and the sources of the fund for compensation will be analyzed. In the end, a suggestion on establishing Education Insurance Company and a public compensation mechanism are advanced. This paper consists of three chapters.Chapter one mainly analyzes the preconditions on the determination of the liability of compensation on the student injury cases. Firstly, it defines the concept of the student injury incident. From the academic research and the related legislation, no concept has been universally acknowledged. For the sake of providing maxim protections to the legal rights of the students as a vulnerable group, with the considerations of the objective of establishing a compensation system on the student injury incidents and the situation of the development of our education in our country, I argue that the concept of"students"should include all the persons receiving educations in kindergartens, elementary schools, middle schools, and full time special training schools and...