Research On The Legal Problems Of The School Infringement Compensation In The Middle And Primary Students' Injury Accidents

In the recent years, with the economic development and enrollment expansion of college, the education career of middle and primary school of our nation get the unprecedented development. However, because of most of the students at school are the minors under 16 ages old, they're active but lack of self-protection consciousness and ability. Moreover, the incomplete school management or family warship results in the frequent occurrence of the primary and middle school students'accident and it's hard to prevent. According to incomplete statistics, the abnormal deaths are over ten thousand every year, and more of them suffer various hurt, which have attracted the society's universal attention.The injury accidents of the middle and primary students mean the accidents happen in the education teaching activities implemented in the middle and primary schools or after-school activities organized by the schools, and in the school dormitories, fields, other educational teaching facilities or living facilities where the schools take charge of management obligation, and cause the students at school's body injury accidents. Because the mass occurrence of the middle and primary students'injury accidents caused by the school infringement, it not only take the misfortune and distress to the middle and primary students and their families, but also make the educational administration department, school and teachers confused and restless. Particularly in the nowadays, under the influence of the factors including the whole social mindset, situation of the only child, parents'educational concept, etc, once the injury accidents happen, the students'right is infringed at school. The parents and school usually get into the lawsuit regarding to the school's compensation for infringement, each sticks to his own version and argue endlessly. Moreover, due to the complex, frequent and unpredictable characteristics of the middle and primary students'injury accidents, the schools have to put into a mass of energy and time to deal with the disputes, which caused the schools'normal management and educational order to be broke.This text mainly makes research on the schools'compensation for infringement in the middle and primary students'injury accidents. At the moment, because there's no definite or uniform rule to this kind of accident in the current laws, and the related legal theory research is also lagging, there's not any uniform or effective solved mechanism in the disposal of the schools'infringement compensation in the middle and primary students'injury accidents, which results in different judgments in the similar cases in the judicial practice. Regarding to some basic theoretic problems, such as the legal relationship between the middle and primary schools and students, what kind of liability principle should be adopted when the middle and primary schools take the infringement compensation obligation have to be further researched. The text tried to point out the suggestions and measures to perfect the schools'infringement compensation in the middle and primary students'injury accidents in our nation based on the analysis on some basic theoretic problem and using the foreign successful experiences for reference through combining the actual situation of our nation, and tried to make a little contribution to the research on the schools'infringement compensation system in the middle and primary students'injury accidents in our state. Hope can be benefit through it.Firstly, exactly master the connotation and extension of the basic concept of the middle and primary students'injury accidents, make analysis on the concept and style of the school infringement, and make the foundation for the further analysis on the school infringement compensation in the middle and primary students'injury accidents. Through the demonstration and analysis on several kinds of viewpoints in details in the legal relationship among the middle and primary schools and students, the text thought the legal relationship of education, management and protection existed between the middle and primary schools and students between the middle and primary schools and students, the schools took the obligation of legal education, management and protection to the students at school, which was the precondition and base for it to undertake the compensation obligation. Secondly, through the comparatively research on the school compensation legal systems in the mainland legal system countries and British and American legal system countries and using its successful experience in the disposal of school compensation for reference, bring the enlightenment for the school infringement compensation in the middle and primary students'injury accidents in our nation. Thirdly, what kind of obligation principle should be applied in the middle and primary schools'infringement compensation obligation is much fairer and much more propitious to protecting the legal rights and interests of the middle and primary schools, students and parents. Based on analysis on the fault liability, liability without fault, fault liability presumption and fair liability principles and reference of adopting the liability principle in the disposal of school infringement compensation abroad, made the conclusion that the fault obligation principle was the liability principle that should be undertook by the middle and primary schools in infringement compensation problems. Finally, made the discussion on the judgment to the schools'fault, fault standard, basic principle of the infringement compensation undertaken by schools, extension, reasons for exemption and source of compensation fund, etc based on using the western countries'successful experiences in the disposal of school infringement compensation and combing the actual situation of our nation, so as to perfect our school infringement compensation system in the middle and primary students'injury accidents in our nation.