Discuss On The Responsibility Of The School In The Student Injury Accidents

In the student injury accidents, whether the school should take the responsibility, what responsibility it should take and how to take the responsibility. These are key issues in handling the student injury accidents. Whereas, the existing laws on the handling of such accidents still lack the unified legal protection and effective mechanisms for resolving the problem. There are also a number of shortcomings and conflicts in legislation and theoretical research, which often lead to confusions and deviations in the judicial practice. This is not conducive to safeguard the relative party's lawful rights and interests; it goes even against the purpose of the laws. This paper has followed the spirit of the existing legislation, borrowed ideas from the successful experience at home and abroad, discussed on the aspects of the school attribution principle, and its elements in the student injury accidents from the principle of law, recognized that the legal relations between the school and the students are educational management relations which have the contents of education, management and protection; The dual attribution system should be constructed based on the core fault estimation obligation principle, and on the supplementary of equal obligation principle to serve as the attribution principle of the student injury accidents; Establish the components representing the peculiarity of the student injury accidents, and further found and improve the school tort damages system.