Existense Question And Countermeasure Of The Students' Injury Accidents

Being-injured-student accidents mean the accidents which cause the undergraduate's bodies and health injured in the teaching and educating activities in or out school or in the campus, playground, other education facilities, living establishments managed by school.Today, the rate of death or injury suffered by students has increased year after year, parents' claim compensation also increased every year, while schools suffer from a shortage of funds and compensations. Society endows schools with security duties, while schools play main role of teaching and education and it is hard for them to undertake this responsibility. What's more, there exists the contradiction between quality education and reduction of accidents. These disputes also increased year by year, the minority accidents evolved that parents gathered to make trouble or riots, resulting in an extremely negative impact. People should give special attention to these accidents.Most foreign nations has been formed more mature system and norms. China's legislation in this regard has remained relatively stagnant. The main Current regulations to adjust these accidents are administrative rules of the Ministry of Education and local laws and regulations in Shanghai, Beijing and other places. Local laws and regulations subject to geographical constraints, administrative rules of the Ministry of Education are less effective, especially in the process of courts, in many cases, these rules are not accepted. On May 1, 2004, "judicial interpretation on the several problems of personal injury compensation cases' signed by Supreme People's Court entry into force. It becomes the only judicial guidance. The judicial interpretations of Article 7 states: "schools, kindergartens or other educational institutions which have education, management, protection obligations for minors, should bear its fault corresponding liability when relevant obligations resulting from minor physical damage, or minors damage to a person's physical".How to Theoretically sort out fuzzy, even paranoia understanding concept, how to take proactive measures to prevent and reduce the number of such accidents in legislative lag circumstances, how to take effective measures to eliminate the damage and impact after the accident occurred. how to seek multiple channels in school funding tense circumstances to protect the legitimate rights and interests of students and parents and safeguard the interests of schools and teachers, this is the current problem urgently to be resolved by law theory teaching stuff.Through understanding the existing legal regulations, this paper is for the purpose of reconsidering the standard deficiency, including the limits of basic concept, the analysis of basic elements which constitutes the death or injury accidents suffered by students, even the legal way of remedies and the fund and so on. It seeks out the solution and countermeasure—fusion of infringement compensation system and liability insurance system. Also it proposes suggestion for the effective guard.