Research On School Tort Liability In Campus Injury Accident

In recent years, the personal injury compensation contradictions between schools and their students with minor students on campus injury cases frequently happen gradually. In the campus accident case, about the school responsibility under what circumstances, what kind of responsibility, is contradictory. So this paper mainly studies in the school students’ injury accident responsibility. This question involves complicated legal relationship, the legislative provisions are principles and scattered, brought many problems to the judicial practice. For some basic problems in theory research is not enough clear, this is very unfavorable to protect the rights and interests of students. This paper expounds the campus injury accident is refers to the minor students during the school life and learning by the personal injury accidents. Under this premise, addresses the tort liability of the school, the first clear legal relationship between schools and students, make clear the property of the school responsibility, and then discusses the school responsibility imputation principle, finally discusses the deficiency of the current laws and regulations and perfecting suggestion. Hope for our country the study of the theory of the harmful accident of underage student campus and render as a legal system construction.In this paper, a total of four chapters, the content as follows:The first part, the concept and features of campus damage accident of underage student, defined according to different damage caused by the campus damage in the main body, the in the harmful accident of underage student campus clearer classification. At the same time, the paper analyzes the damage reasons of frequent accidents, campus on the relationship between the school and minor students is defined.In the second part, elaborated the school in the harmful accident of underage student campus tort liability of constitutive requirements, which must have a student in the school study or the life and the objective facts of damages during school much damage occurred with fault. Among them, the definition of fault, fault judgment fault standard, that schools should pay attention to the problem of fault and the school and students should have damage causation for detailed analysis. At the same time define the liability of the school on the campus.The third part, elaborated the campus damage accident of imputation principle. The author through the analysis of the tort liability law before and after the different laws and regulations applicable to explore what imputation principle for campus damage accident of schools and students is more fair, in order to better protect the legitimate rights and interests of schools and students. At the same time puts forward the campus damage accident of current laws and regulations.The fourth part, puts forward the improvement of the system of campus school tort liability, highlight cancel our tort liability law article 40 the corresponding supplementary liability; Clear damages when the status of the principle of "fairness" and the suitable; Confirm that the effect of student behavior ability of imputation principle; And claims actively build system of liability insurance, mobilize all positive forces, share the risk and so on.