On The Campus Of The School's Civil Liability For Injury Cases

This article includes the following five aspects: the first part of the campus from the concept of civil liability, described in detail the nature of the campus Introduction to civil liability, the concept of civil liability on the campus to be clear, the campus is the school of civil liability (including kindergartens and other educational institutions place ) Not to comply with statutory obligations or obligations in violation of the law, with the result that students entrusted with the child (hereinafter referred to as the minors are students) or the health of the life and against the law to be borne by the civil legal consequences. The campus is the nature of civil liability on the theory of several listed and analyzed the nature of the campus civil liability should be in accordance with legal education, said that the management point of view, between schools and students is a legal relationship between the education and management, and General non-civil relations. This legal education, management relations from the direct provision of the law, not the legal guardians of the students entrusted. If the schools failing to comply with the education, management and the obligation to students personal injury, it is necessary to assume liability. On the other hand, if the school has a legal obligation to do, you can remove the responsibility. Thus denied custody and that the relationship between the agency said.The second part of the school's civil liability for the principle of attribution, the first part of the attribution of the basic principles of the type of start that the principle of attribution of the system, should be the fault of no-fault liability and responsibility are two types, on this basis, To add to the principle of fairness. Moreover, the fault in the no-fault liability and responsibility of both types, it is the responsibility of the main fault, no-fault liability of the scope of application of the law should be clearly defined. China leads on the campus of the responsibility for the application of the principle of attribution, come to campus on the principle of attribution of responsibility, should be based on "fault-based liability principle, the principle of equitable responsibility as a supplement" to deal with the campus as a violation of injuries due to the principle of attribution of views. The third part of the school's civil liability for injury cases constitute, at present there are two main academic point of view, from the three elements that constitute, on the campus of civil liability for injury cases constitute include the fact that the damage occurred through no fault of schools, school Behavior and the fact that damage to the relationship between cause and effect. The fact that some of the damage occurred, including the main victims and the main responsibility of the specific nature of the specific location of damage, damage to a specific time, the factors that constitute harm, damage and constitute the factors listed in the following situations: schools, teaching equipment and so there are security risks and asset quality problems, the school did not establish or implement the necessary safety management system, school teachers or other staff members responsible for organizing, managing a minor dereliction of duty when students, teachers and other school staff mismanagement.The fourth part of the school on the campus of the injury cases of bear civil liability, including three of the following undertakings: third-party damage caused by non-accountability of the third person to assume responsibility for the damage, the existence of mixed parties at fault and should be no decision between the school and the other responsible jointly and severally liable.Fifth is part of the school campus in injury cases from civil liability cases, listed some of the occurrence causing minor damage to the personal consequences of the student's school incident did not act improperly and should not bear the responsibility for the accident.On the part of the sixth over, improve legislation and establish a sound social security system of relief, to put forward the establishment of the rights and obligations of schools, whether public schools and private schools as well as discrimination based on the victim's age students should bear the distinguish between schools the civil liability.