A Study On The Supplementary Responsibility Of School Students' Injury In Juvenile Students

“Tort Liability Law” formally implemented since 2010, supplementary liability of school is becoming more and more frequently in the judicial practice. Supplementary liability of school is so abstractive that it can be controversial in the actual application. In theory based on the disputes and judicial application of chaos, the security obligations as a starting point, the author analyzes and discusses supplementary liability of school. "Guangshan campus massacre in Henan" as the breakthrough point, article arouses controversies whether the school is responsible to students. The paper argues that the legal relationship to school and student is the education and management, and through “Tort Liability Law”,the condition of supplementary liability of school is failing to the responsibility, this is school`s security obligations, and it is its legal basis. For the case that the third person hurts the minor students, by analyzing, it thinks that supplementary liability of school applies to presumed-default liability principle, which is good at the protection of the interests of students. After discussion of the nature, it is concluded that the school supplementary liability is a kind of different from several liability, contiguous obligations and unreal joint and several liability, and its existence is reasonable. At the same time, it clarifies the exemptions. Failing to meet security obligations is the limit to compensation for the injured, this is suitable for the corresponding supplementary liability. Finally, it explains the significance of supplementary liability of school, refined from the criteria of security obligation, and proposals that the standard will be into law. Moreover, after the compensation, this paper argues that the school does not enjoy a right of recourse.