The State Compensatory Liability Of Public Middle & Elementary School Accident

Dealing with school accident properly is important to the protection of victims' rights, the running of teaching order and the stability of society. How to share compensation liability is the core of dealing with school accident. Civil laws prescribe that public middle & elementary schools are legal persons in my country. So far, public middle & elementary school must be responsible for fault compensatory liability of school accidents. But regarding public middle & elementary school as legal person will be paradoxical in theory and it bring negative influence in practice.There are many countries that take responsibility for the compensatory liability of public middle & elementary school accidents. This is a trend in the future. From the viewpoint of legal theory, public middle & elementary schools are public legal persons, teachers who work for public middle & elementary schools are civil servants, facilities of public middle & elementary school are public facilities, the liability of public middle & elementary school accidents is state compensatory liability. After researching the constitutive requirements of state compensation of public middle & elementary school accident, we make sure that country should establish the compensatory liability for the damage in school accident caused by the performing duty behaviors of public middle & elementary school, caused by the performing duty behaviors of teachers who work for public middle & elementary schools, caused by the short of establishes or management of public facilities of public middle & elementary school.