Research On Schools' Liability In Minor Students Campus Injury Incidents

Campus personal injuries are common tort disputes in civil trials and usually have great social influences. However, since relevant legislations are too simple, there are different understandings and judging scales in regard to the same legal relationship, and many practical problems should be settled. This article based on discussion over controversial issues in this type of cases, clarifies the legal relationship of tort incidents and the principle of imputation, with a view to offer some help to the settlement of campus personal injury incidents.This article consists of four parts.Chapter One "Relationship between Schools and Students" firstly deals with the relationship between schools and students, fixing the nature of rights and obligations between them and lays the foundation for identifying schools' liability.Chapter Two "Principles of Imputation for Schools in Minor Students Injury Incidents'" makes reference to legislations of other countries or regions on schools" liability, considers relevant legislations of China, and points out that the principle of fault liability should be followed and equitable liability should be taken into consideration when campus injury incidents need to be handled.Chapter Three "Settlement of Practical Problems in Indentifying Schools" Liability" studies the conditions for schools to assume tort liability, identification of schools" liability in different types of incidents, and exemption of schools" liability. Combined with trial practice, it also puts forward some suggestions to improve the uncertain or unreasonable aspects of present provisions.