The Study Of Campus Injure Between School And Teenagers

The code civil in the legal system of the mainland says "the minor, who is not under the parental authority, or whose parents are not involved in the person, the property at business the authorized agency minor, the minor obtains the guardian."("the German Code civil" the 1773rd first section). many scholars in our country's also thought that the minor must obtain the guardianship all the time , and underage student has been separated from parents' parental authority or the guardianship when they are at school, so the school must become his guardian. And thought that the school guardianship has manifested the nature of the modern guardianship of social security, which is one form of showing care for the minor. But we cannot take this as the basis that the minor should obtain the guardianship frequently.In our country, the school is the concentration place where the underage students from elementary and middle school live and study . The teaching facility, food sanitation's safe condition, as well as the rules and regulations, teachers' own quality and the sense of responsibility ,the school security system, the school peripheral natural environment, the social environment and so on are all related to the safty and health of the minor's body and mind. In addition, because minor's body and mind have not yet grown maturely, and their own cognitive capacity is limited, so they are also very easy to be involved in campus injure . Especially in the recent several years, along with the campus violence's promotion, the campus injures are emerge one after another incessantly, the crimes by the underage student also stay at a high level, also bringing the very big injury and the influence to the school and the family.The campus injures do not occurred accidentally, whose rate is quite high in different area in the different country, for example USA,so different country and the area also make the corresponding decision in view of its own country's national condition to reduce the campus injure, for instance in many countries in mainland legal system,the relation between the school and student is positioned as the special power relation,and the school is injure to the student the event to be suitable for campus injure in the mistake liability system. Our country belongs to countries in the mainland legal system, with the similarity in dealing with the two's relations. But we cannot imitate other national pattern completely.The young students are the future of our motherland, and the nationality's hope, and their growth of their physical and moral integrity are related to the aspects of the society, so we should create a healthy growth environment for them, which will be each person's responsibility of our society.So it is the urgent matter to release campus act of Security with necessary system, running the school legally, maintaining the school and student's legitimate rights and interests as soon as possible.And then how to limit the two's relations and be clear about what is the school responsibility in order to establishe a harmony, safe campus becomes the most important .This article takes this as a topic, which detailed the legal relationship between the school and the students, and has been clear about the school status and the responsibility. And aiming at the flaw which in this domain our country legislates, this article proposes the effective legislative suggestion and the reform measure to safeguard the underage student's safety, protect the legitimate rights and interests of the school, then strengthen the union between school and Public security organizations, so as to integrate the school security guard to the People's Police in a dual leadership system by the school and the Public security organization , carrying on its enforcement activity under Public security organ's surveillance instruction, to safeguard the security of the campus,and then eliminate the campus injures from the source completely - - campus violence. Thus construct a civilization, harmony, and safe campus.The first part and the second partial contents of this article is to analyse and elaborate the problems,which elaborates the dispute and the relation between the two,then proposes the basis for injury event. The third and the fourth part is mainly about the cause as well as the responsibility scope and the form which the school should undertake. The fifth part is involved in legislative suggestions and the educational reform measures.