Research On The School Accident Tort During Compulsory Education Stage And Its Prevention And Care

Abstract This article advances the channels of how to prevent the school accident tort during compulsory education stage through the definition of it and the discussion of the particularity of tort ... the principles of the imputation responsibility, of constitutional essential factors. defining mode, conditions of exempting responsibility~. legal responsibility, analysis of the reason based on the basic theory of educational law and civil law. The whole article can be divided into five parts: I ~ The school accident during the compulsory education stage and tort are defined through simple classification of school accident. 2~. The principles of the imputation of responsibility defining mode and the conditions of exemption of responsibilities one discussed based on the Civil law penal law and relevant administrational law and regulations The principles of the imputation of the responsibility refers to the basic principles that the judicature mechanism should follow when dealing with tort It serves to solve who should undertake the responsibility of tort. Constitutional essential factors is the systematic expound and specific embody of the principles of the imputation of the responsibility. It is also the specific measure of judicature practice. Defining mode refers to the mode of discrimination and definition. It includes the general ways to define whether some school accident should be defined to be tort and who should undertake the responsibility. All the aspects mentioned above related closely make the theoretic foundation of the legal responsibility of the tort. 3-. The legal responsibility of school accident tort during the compulsory educational stage is discussed in this part. And the legal responsibility of civil case. legal responsibility of administration legal responsibility of penalty are included. 4-. The reasons causing the School accident tort during the compulsory education stage are induced and analyzed by means of actual precedents. For example, school system is not strict ; the school management is not perfect some activities that school launched violate relevant law and regulation; teachers ii lack professional moral self-cultivation and legal sense; criminals?intended destroy; legal system is not perfect. They offer the practical foundation for the prevention and care of the school accident tort during compulsory education stage. 5.. The prevention and cure methods of school accident tort during compulsory education stage are advanced based on the analysis of it They mainly include: Strengthen the internal management of school and the teachers?professional morality and legal education; school~ family and society cooperate closely to offer a fine environment for the young people抯 growing up; Perfect the legal system and strengthen the comprehensive social administration.