On Judging The Civil Liability Of A School About Students Injury Accidents

It is based on the civil law that schools should bear legal liability for students' injury accidents. According to the law, schools have the duty of taking care of the students and ensuring the safety of their lives, because there is a legal relationship between the schools and the students. The reason why schools should bear legal liability for their instructors' behavior of hunting students is that there is a relationship of employment between the schools and the instructors, therefore, schools should take charge of the action of the instructors. Schools should also undertake the relevant responsibility for the students' faults which hurt others, because schools have the duty of taking charge of the students. And schools should bear the additional responsibility for the students' injury accidents caused by others because schools have the duty of ensuring the safety of the students. It is legal for schools to undertake the responsibility of taking care of students and ensuring the safety of their lives.How much a school should bear the responsibility of taking care of the students' injury accidents should be judged by an objective standard. The judgement includes adjudication of illegal activities and a breach of duty. The procedure of the judgement has two periods. Firstly, it is necessary to adjucate whether a school should take charge of the students and how much the school should cares about it. Then, it should be judged whether the school breaches the duty.Actually, the causality has not been paid much attention to in judging whether a school should bear legal liability for students' injury accidents. Lots of judgement have been done without considering the causality, or the causalities have just been mentioned roughly without analysis or demonstration. Many kinds of causality are available when giving a judgement, such as the positive causal relationship, equivalent causal relationship and legal causal relationship .In fact, it is better to quote the legal causal relationship when adjudicating the causality of the students' injury accidents.The contradiction given by a school about the students' injury accidents should include the contradiction of the composition of the duty and the undertaking of the responsibility. The dissolution of responsibility and diminished responsibility for a school can be considered in the following cases: nothing can be done about the accidents, or the accidents should be due to the victims or other people; the students do the harm out of justifiable defense and it is unexpected; the students are willing to take the risk. Usually, there are mixed faults in students' injury accidents, therefore, a judgement should be done by comparing the faults and causes.