The Research Of Legal Liability Of Student Injured Accidents

In recent years, the frequent occurrence of student injured accidents is beyond argument. Whether the educational administration, the school, teachers and other staff, the student and student guardian and injures the third person should undertake legal liability or not, the principle and the type of legal liability they should undertake becomes the focus of proper solution to the student injured accidents. The legal science and the educational circles frequently dispute over the decentralization and generalness of present legal article correlation stipulation. To clear off these views will be helpful in handling the student injured accidents and maintaining the school regular educational order as well as the protection of student legal rights and interests. The essay is divided into three parts.Part I: the summary of student injured accidents. This part mainly introduces the concept of student injured accident, the constitution of important documents and the types of accidents. This part will be the basis of analyzing its legal liability.Part II: the legal liability for student injured accidents. This is the key part for this essay. Starting with analyzing the legal relationship between the school and students, the author indicates the legal relationship of school and students is dual or multiple, apart from the relation of legal education, management and protection, it should be defined according to the type the school, such as the private school hold the relationship of educational contract; the boarding school hold the contract of bailment relations and so on. Secondly, with others'research results, the author suggested that the principle of liability attribution of school belongs to fault liability principle and no-fault responsibility principle and fault estimation principle in peculiar circumstance, which is not suitable for the fair responsibility principle. Finally, the author declares the legal liability of student injured accidents hold the administration legal liability, the civil legal liability and the criminal activity legal liability, and the author separately mention the legal liability of school, school teachers and other staff, the student and its the guardian, extracurricular third person, the educational administration department. At the same time, the disputed item in the educational world such as suicide, the self-inflicted injury, the spirit damage compensate issue has also be briefly discussed.Part III: some proposals of legislation of student injured accident. The author makes the legislation proposal of"the law for student"by analyzing the value, the problem and the absent law of"the solution to Student injured accidents".