The Identification Of Schools' Responsibility In Students' Injury Accidents

In recent years, as a sharp increase in injury accidents of underage students, Lawsuits between students and schools are common occurrences. It has become one of the hot issues of common concern to the community. Multi-party interests are jeopardized and bring students and families of irreparable damage and pain, also cause education and teaching in schools huge trouble, seriously affect the normal school education and teaching order as the emergence of such disputes. The school's responsibility in the injury accident causes a fierce debate. The legal relationship between schools and students is always the dispute, but the legal provisions that identify the school responsibility scatter in different laws and regulations, there is no uniform conclusion. How to identify the schools'responsibility in students'injury accidents and avoid the occurrence of this kind of accident, is the problem that I am always interested in.I divide the paper into four parts. The first part analyzes the student injuries accidents, and describes the concept of student injury accidents, characteristics and types. China's current law on injuries to the provisions of the students discussed accordingly. In the second part, by comparing the relevant theory, we get the relationship between students and schools are the legal relationship between the education, management and protection. In clarifying the legal relations based on the civil liability theory in our country, students in the minor injuries in the nature of the responsibility of schools are identified. Schools should bear tort liability for damages. The third part starts from the Responsibility Principle, combined with《Tort Liability Law》, analyzing the application field of the student injury accidents in the principle of fault liability, no-fault liability principle. The author believes that the principle of the Responsibility of schools should be the main principle of fault liability, fault presumption supplement. Special case of infringement, the principle of liability without fault liability and equity principles can be applied, but subject to the clear provisions of the law. And analyze the composition of elements of tort liability. The fourth part provides a feasible suggestion of the treatment of schools accidents. Our country should further improve relevant legislation of students'injury accidents, straighten out the order of application of legal norms; the introduction of school liability insurance system is necessary, then after the accidents, the students can obtain appropriate compensation for medical treatment as soon as possible. Finally, establish and improve a student Protection and Crime Prevention in prevention, the student injury accidents rate will continue to decrease.