On The Legal Liability Of School In Compensation Cases Resulting From The Injury Accident On Students In School

This paper consists of three chapters.Chapter one is to summarize the injury Accident on students in school (the"Injury Accident"). Starting from real life case, this Chapter is intended to define the Injury Accident through analysis of the necessary elements constituting an Injury Accident. The author holds the view that the following six elements are required to be met simultaneously to constitute an Injury Accident. Firstly, one party to the Injury Accident shall be student; Secondly, the direct party causing the Injury Accident shall be either the administrative staffs,teachers, or students of a school, or other third parties. Thirdly, the Injury Accident shall take place in school. Fourthly, school,kindergarten or other educational organization shall have fault in the Injury Accident for damages caused by or incurred to student. Fifthly, there shall be objective consequence of bodily injury (including death) caused by or incurred to non-adult student. Lastly, there shall be causation between the bodily injury incurred to students or caused by students or other third parties and failure to perform the statutory obligations by school. Based the above analysis the Injury Accident is defined as Accident whereby bodily injury (including death) incurred to non-adult student or caused by non-adult student or other third parties during the school time, and the school,kindergarten or other educational organization shall bear civil liability for such bodily injury (including death).To further understand the Injury Accident the paper goes on to classify the Injury Accident into three categories based on the reasons behind the Injury Accident: Accident attributable to school facilities; Accidents occurred between students ; and Accident caused by third parties.Chapter Two is to analyze the legal liability of school in connection with compensation in Injury Accident cases. After pointing out the weakness of the current theories regarding the legal relationship between school and students, i.e. custodian relationship, quasi-custodian relationship, special civil relations, educational administration and protection relationship, the author believes that the relationship between school and students is educational legal relationship having its duality, i.e. it includes not only unequal internal administrative relationship but also equal civil relationship in which education, administration and protection constitute the principal content. Certain disputes arising out of the administration shall not be settled through administrative proceedings, but through consultation between school and students, or referring to educational authorities of higher level for resolution. The school shall bear civil liability in the event it infringes the right of personality, the right of life and the right of health due to its failure to perform or improper performance of its legal obligation regarding education, administration and protection. The author proceeds to make analysis on the various compensation principles applicable in compensation cases resulting from Injury Accident in connection with student. The paper, based on the current legislation and legal theories, disagrees with the principles of liability without fault,doctrine of presumptive and equitable principle. The author believes that the principle of liability for fault should be applied in Injury Accident cases and the sole discretion is whether the school has performed its legal obligation in terms of education, administration and protection.Chapter Three deals with issues in legislation regarding the compensation system for Injury Accident, recommendations to improve the system and comment on the development trend of the system. The major issue with the current legislation in this regard is that they are low level ones under the current legal framework, which in turn make them not be applicable in the judicial trial practices. The author believes it's advisable for the legislature to consider making laws or regulation through consummating the Measures for the Handling of Injury Accident in connection with students, which was issued by the ministry of education so that the trial of such Injury Accident cases can have legal basis on a more operable level. It's also suggested that we may take advantage of mature legislation experience of other counties in our legislation and establish compulsory insurance system to cover the Injury Accident. With the insurance system in place, the compensation liability will be shifted to society to some extent and will in turn provide more effective protection of the lawful rights and interest of both student and school.