Study On Tort Liability Of School In Minor Students' Injury Accidents

As injury accident of students has high frequency and is hard to foreseen, and its legal relationship is complex, it has become a wide concern as a social and legal issue. The accidents of the body damage to the minor students continuously happen, which not only bring the students and their parents a lot of misery and misfortune, but also make the schools and teachers puzzled. In order to consummate the responsibility to investigate the mechanism and to victims' relief mechanism, the article expounds the Tort Liability of school. The article holds that Minor Students' Injury Accidents, which is a narrow concept, refers to the personal injury accident suffered by students while schools are undertaking education, management and protection duties. This article makes deep analysis on the main items including the legal relationship between the schools and the minor students, the nature of compensation of such cases, the principles of imputation, the main teams of principles of liability attribution and disclaimer conditions as well. At the end of paper, it raised corresponding countermeasures after the analysis of the difficulties of schools assuming Tort Liability in practice.The article consists of four chapters. The followings are the main content of this paper:Firstly, when the analysis on the theories of the relationship between schools and minor students is made, the thesis holds the view that school is not the guardian of the minor students and shall not take the responsibility of the guardianship. School is not students' guardian. Schools shoulder the legal responsibility to educate,protect and supervise the minor students, which is the basis of bearing Tort Liability by schools.Secondly, the thesis has analyzed the infringement behavior patterns of schools in Minor Students' Injury Accidents. This thesis holds that, in 12 Cases, Schools need to assume Tort Liability .And the author briefly analyzed the infringement behavior patterns of schools from the doctrinal.In the third part, in the corner of legal precedent, this thesis has analyzed in Minor Students' Injury Accidents between the mainland legal system and the English-America legal system. And it has unified our legal rule about the responsibility principle. The author studies the four most controversial principles of liability attribution, which are the principle of fault liability, the principle of fault understandability liability, the principle of no-fault liability, the principle of justice liability. The author holds her ground that generally the school should be burdened with any liability if it has fault.At last, The paper has analyzed the school right infringement responsibility constitution important document and exempts the responsibility condition. And it has undertook the responsibility regarding the school to carry on the discussion in the practice question, which including determines the school whether has the mistake the standard unclear question; The third person infringes upon the right sends the minor to suffer the person to harm, school responsibility scope unclear question; The compensation funds carries out with difficulty arrives the question. The thesis emphatically proposed the solution countermeasure for compensation funds. The paper holds that the school would be possible to profit from the overseas procedure that in undertakes in the compensation responsibility. This article proposed establishing the school right infringement responsibility forces the liability insurance; Student accident injury danger, which in order to enhance the insured (schools) compensation ability. At the same time, they can safeguard suffers injury minor students obtains the prompt compensation. By transacting insurance and setting up compensation reserve funds are good ways to shift the financial compensation risk in minor students' injuries accidents. They also cans help solve such issues quickly and soundly.