On The Civil Liability Of Schools To Personal Injury Cases

Nowadays, the tendency of injury compensation disputes on campus personal injury cases of adolescence student is rising, however, the relevant national present law is restricted into the formal social reality, and hardly to catch up with the present situation, moreover, the articles are too obscure and sketchy and hard to apply in. so this paper focuses on the character of campus obligation, that is whether the relationship between the adolescences and the school is guardianship or educational, instructive, protective relationship and the imputation of school obligation and so on.The paper is composed of six parts.The first part mainly discusses the definition and character of the campus civil liability. As to the character of campus liability, the author is inclined to liability with fault. Because most of the knowledge factories in our country are publicly good with limited outlay and many schools are lack of teachers, they are hardly to take the responsibility of guardianship to all the students. The campus liability and the responsibility of guardianship are distinctly different on the character. The obligation of school is a kind of social obligation which is contained the similar limited guardian and formulated by the peremptory provisions, and the responsibility of guardianship is a kind of obligation for guardian based on the status right. If it is considers the school as the guardian of adolescences, the obligation of school would be irrationally aggravated, which would brings troubles of jurisprudence. On the condition that the injured student and injurer are in the same school and he start a legal proceeding to both of the school and injurer, the school, as the guardian of the students, must intervene the dispute as plaintiff and defendant, it is ridiculous. Therefore, what school takes is the obligation of teaching, protecting and supervising rather than responsibility of guardianship.