Primary And Secondary School Students In The School Responsible For Injury Research

In recent years, the elementary and middle school students injured the school legal dispute which the accident and initiated to be getting more and more, how to maintain the school normal teaching and the management order, protects student's legitimate rights and interests, already received the numerous scholars and society's widespread attention. The school must undertake the responsibility in any situation, what responsibility undertakes, at present the theorists did not have the conclusion. The related laws and regulations on this issue too the principle of judicial practice in poor operability to deal with such incidents is a serious obstacle. Therefore, strengthens student-injured accidents and the responsibility research to the student, to reduces this kind of dispute's occurrence, maintains the school the teaching management order and strengthens to student's legal protection, has the very vital significance.This article altogether divides into three partial contents: This article first part elaborated the elementary and middle school students to injure the accident the connotation and the type, has analyzed the school legal status, elaborated the present domestic and foreign educational worlds about the school responsibility nature three major points: the guardianship responsibility doctrine ,the contract theory and the legal relationship of education theory. Then in analyzes three viewpoints in the foundations to expound author's viewpoint. The author thought that between the school and the underage student's legal relationship is the school to the student the education, the management and the protection responsibility.This article second part elaborated the school responsibility to turn over to the responsibility principle. This part first to the non-mistake responsibility, the fair responsibility, the mistake estimated that the responsibility, the mistake responsibility analyze. Then ties with the present law circle elaborates author's viewpoint to this question research results and the related legal rule. The author believed that in the ordinary circumstances, the school responsibility turns over to the responsibility principle for the mistake responsibility principle. Secondly, discussed the elements of the school's responsibility. Finally, analysesed the school's exemptions.This article third part injures the accident from the school the compensation scope, the school supplement responsibility to launch the elaboration. The author proposed to the school compensation mechanism's establishment own view, hoped the school and student's legal advantage obtains the protection, can reduce this kind of dispute's occurrence earnestly.