The Research Of The School Liability In The Student Injury Accidents

In recent years, with the development of education in our country, student injury accidents has become hot issue that schools, families and society are concerned. Whether schools should bear the legal liability, what liability to bear, according to what principle of assumed liability to define their liability has become the focus in handling properly the accidents. However, there is hardly any law to regulate it. The legal liabilities of school are still vague. Moreover, academic circles have different ideas about this problem. It is the serious barrier to settle these accidents. Therefore, it has vital significance to protect the students legitimate rights and maintain the educational order of school.The author analyzes deeply main viewpoints from domestic theorists. With this understanding, this thesis is concerned with the schools legal liabilities in the accident with methods of comparative analysis and systems analysis. This thesis includes five parts.The first part gives the definition of the student injury accidents, and divides such accidents into three categories: unilateral liability accident, many-sided liability accident and unexpected accident, so as to provide a foundation for further analysis to the school legal liabilities.The second part discusses the nature of relations between schools and students. The author analyses varieties of viewpoints about this problem from domestic theorists. With this understanding, the author describes her own viewpoint that relations between schools and students should be civil legal relationships.The third part is concerned with the schools civil liability in the student injury accidents. Firstly, the author studies the three main viewpoints of the school liability—guardianship responsibility, violation responsibility, right infringement responsibility. In this basis, the author describes her viewpoints that the liabilities of school should be right infringement responsibility. Secondly, the thesis expounds the school liability for compensation. It contains the principles of appropriate compensation, and the range of compensation, it especially emphasize on the compensation of spiritual injury . Therefore, the author makes quantitative and qualitative analysis to the schools legal liability, and defines that schools bear what liability, how many liabilities.The fourth part studies the four principles of assumed liability in the student injury accidents, 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 tried to find how to apply the proper principle in different situations to better balance the schools and students. The author holds her ground that generally the liability principle of such accidents should obey the fault principle, and it is necessary to use the other principles in special situations.The last part brings forward several questions about the school's liabilities fixation, for example, the specific analysis of school fault, how to confirm the relation of cause and effect between the school's illegal behavior and the student's injury fact, how to set up a committee dealing with injury accidents.