A Study On The Responsibility Of Campus Injury Accidents In Primary And Middle Schools

In recent years, school accidents frequently happen, they harm students body, and bring parents and schools economic and mental pressure. As a common type of accident, whether we can get resolved satisfactorily, its importance to the students, the schools and society is obvious.In China, although the " Constitution "," Education Law","Civil Law ","Teacher Law"," Protection of Minors " and other laws have some relevant provisions about the students’ personal safety, we all know that China’s contemporary legal system is still lacks the law concerning the school accidents, which results in some complicated issues and problems can’t be solved satisfied.Fortunately, in August2002, the Ministry of Education issued the "The Rule of Handling Student—Injured Accidents", the department rules and regulations provide processing procedures and principle about the accidents for the first time.But what’s the relationship between students and school? Does school have liability of guardianship to the students? And what’s the parents’ liability? The key to the legal settlements of school accidents lies in the definition of legal relations between schools and students.The article groups into four parts:The first chapter includes3parts. It makes concept of school and students; defines students age range and the school time range; expounds the current situation of accident liability, and puts forward the problems.The second chapter includes3parts. It describes and several theories of the relationship between school and students in the world. In this chapter also mentions the difference between public school and private school.The third chapter includes3parts. It introduces some of our current legal provisions of the school accident liability and their problems in practice and also introduces the details of the school duty. Comparing with America and Japan, find out our problems and where to make progress.The fourth chapter includes3parts. It’s about legal and policy suggestions for school accident. In addition, the establishment of efficient school accident insurance system and strengthen the construction of morality are important ways to avoid accident, reduce the pressure of school.