Study On The Confimation Of The School's Responsibility For Civil Tort And Its Scope Of Compensation

In recent years, with the expansion of the scale of schools and the gradually improved consciousness of citizen right, cases concerning the compensation for tort on campus and legal disputes initiated by these cases are flourishing. This becomes an important problem disturbs campus operation and hinders the development of schools. It is of important practical significance to investigate the legal formation and confirmation of the school's responsibility for civil tort in campus compensation cases to protect the legal rights and interests of the school, teachers and students and lessen the negative effects of these incidents. Combining several specific cases, the author of this thesis analyzes and discusses the confirmation of the school's responsibility for civil tort and its scope of compensation.The basis of the school's responsibility for civil tort is the right and duty for the education, management and protection of students according to the law. The school bears civil responsibility when the students are injured or injure others due to the wrong execution of the school's duty in educational legal relationship. This kind of responsibility carries both the characteristics of educational law and civil law, but it should be regulated by civil law.The school's responsibility for civil tort is the civil responsibility for the tort incident of the student due to the wrong behaviors (including feasance and nonfeasance) of the school or teachers and other faculties. Its characteristics mainly include: it is the legal result for the violation of legal duties; it is a responsibility presupposed by tort; it is a forcing responsibility and the form of responsibility is usually property responsibility.The shouldering of the school's responsibility for civil tort usually follows the principle of liability for fault. It is stipulated in the General Principles of Civil Law that the client bears civil responsibility when he commits mistakes. The one who appeals should responsible for quote.