The Analysis Of The Compensation System For Injuried Students In Primary And Middle School

Students' personal injury is an inevitable reality during school running. The loss assessment and the compensation for injuried students after the accidents not only refers to the protection of legitimate rights of injuried students but also refers to the stability of teaching order, so constructing the reasonable compensation system is the key to deal with this kind of issue. From the angle of protecting students' rights, students' personal injury cause damages not only to students' materiality personality but also spirit personality. At present, there are eight kinds of personal injury relieving system, but meanwhile there are many problems existing in the scope and standard of relieving system. For example, they don't distinguish juveniles and adults, and different legislature government organizations make different legislations which regulate multiply standards, and the method of spiritual damage calculation is uncertain, and the way of calculating compensation amount ignores many variables and so on. So, this thesis uses the knowledge of economic law, and distinguishes the differences between personal injury of juveniles and adults, and generalizes thoroughly the scope and the standard of students' personal injury compensation system. Because the present labor market is not perfect, the author suggests using the income calculation way of government department to construct reasonable calculation formula of students' personal injury compensation. This thesis suggests using the form of legislation to ensure the scope, the standard, the calculation method and other corresponding measures, in order to relieve students' lawful rights reasonably.