How To Judge And Handle Injury Accidents To Students

Injury accidents to students refer to accidents which cause physical injury to students during inside school or outside school activities organized by the school administration. They also include those accidents happened within the school-managed school-yard, school-houses as well as other educational or living facilities.Injury accidents to students can be divided into school-liability accidents, guardian-liability accidents and third-party liability accidents, which are judged by the difference of liability-bearer. According to the legal relationship between school and students, this author believes that school is responsible for educational, managerial and protective liabilities to its students. Thus, in the case of an accident, the school should pay its liability on the basis of fault-liability principle and fair-liability principle, while the guardians should be liable on the basis of faultless-liability principle. The third-party should be liable on the basis of fault-liability principle.Injury accidents to students have direct impact on the safety of students, stability of the society, as well as the normal teaching order of the school. Therefore, this author maintains that it is important to handle such injuries to students both on and before hand.In this paper, the author probed into such questions like whether the Educational Ministry could be the designer of "measures for injury accidents to students", and whether the "measures" could become the basis of legal case judgment.