A Study On Mental Damage In On-Campus Injury

This paper focuses on a special. area of the topic of mental damage,which is the mental damage result in the On-Campus Injury cases. Despiteto limited researches on this topic, the increased cases of On-CampusInjury has become a serious social problem in China and many familiessuffered from the accident. At the meantime, with the improved legalknowledge of parents, many of them sued the school to resolve theirproblems. On the other hand, although the injury happened in schools is aparticular type of injury cases, the judge always find it difficult to makean appropriate judgement as a lack of special concern in legislation. Differentopinions emerge when it comes to the question that whether the school isresponsible for the mental damage or not. Having no theoretical evidence,such a question become a rather complex issue in practice that lead toopposite judgements and as a result seriously destroyed the unity andauthority of judge.The thesis first makes a concept of the campus injury from the angleof time, space, the injuried and injury category, and probes the categoryof campus injury based on the concpet of students' mental damage. Thenthe paper discusses the function of mental compensation for students. Theauthor analyzes the existing legislation of China and foreign countriesand concludes that the school should take the responsibilities of faultreasoning duties for students' mental damadge. And the school must take the responsibity for teachers'torts during work However, the duty ofjuvenile's torts should be taken by the juvenile and his conservatoraccording to the the juvenile's capacity of discernment. At last, giving thefact that most of our school are public supported and short of money, theauthor suggests that we should introduce the insurance system ofprofessional duties so as to solve the problem of capitals.