The School Campus Infringement Civil Responsibility

With the continuous progress of the process of the rule of law, it is for life, health, human rights, is also gradually increase the degree of concern, "campus tort" occurred in this particular market area become the most complex legal issues one of the issues of social concern. Campus tort is not a new event, which is the number of infringement cases occurred in a relatively specific area of a one type of infringement. Schools, teachers and students the three has its unique and complex legal relationships and ethical relations, these relations can not be triggered by the case, if properly handled, not only affect social stability, but also will lead to public opinion on the justice questioned. At present, for infringement of the relevant research schools, a minority, but there are object of study, title, scope, responsibilities, etc. of the confusion, this paper, a unified "campus tort" of this title start with an overview of previous studies, a reasonable portion of the results and shortcomings, obtained:Campus tort refers to the commitment to students in schools of education, management and protection responsibilities of personal injuries suffered during the incident. From the injured subject, it is essential that students, including, inter TV, correspondence, Wang Xiao and other school other than the types of schools at all levels of students; from time to read, their victimization or injury results must have one or simultaneously in the school responsibility for students of education, management, guidance, protection duties during the period; from location to see, their victimization or injury results must have one or the simultaneous responsibility for students in the school education, management, guidance, and protection within the geographical scope of duties, generally occurred within the school, and it will occur in the school activities of the organization the premises; from a subjective perspective, it can be a result of intentional initiation, can also be caused due to negligence, but also there is no fault party in an accident; from the results of view, it is will inevitably lead to the fact that the students personal injury.Based on the concept in the clear to determine the parties on campus Tort Liability of principle, and according to newly published article, "Tort Liability Act" in the relevant provisions of the responsibility of the school were thinking and analysis. Clearly attributable to a single principle can not resolve very complex and diverse campus violations, thus inevitably lead to diversification of Tort Liability of the campus. Way for accountability by the traditional stop the infringement, eliminating risk of loss, damage, remove, restore the reputation of apology, etc. can be used separately and combined application, and should be applicable under the circumstances to determine the order, this will help better protect the legitimate interests of the victim.Liability in any case to discuss the campus's commitment to the ultimate end result can not ignore the interests of financial compensation to victims, or on fulfillment of obligations Jishi Kong. The private law school tort relief in one way through the insurance system of the school community share responsibility for. At present, some regions have introduced and implemented the local nature of the insurance scheme, this paper investigates the feasibility of building the school liability insurance and specific programs to be emerging from the study of insurance across the country for ways to make the legitimate interests of the students are effective protection.