On The Supplementary Responsibility Of The School In The Case Of "Third Party Infringement"

In recent years, “the third person infringement cases” occur frequently, caused the parents’ anxiety, panic and society’s widespread attention. In these cases, people have different ideas about the liability of school. As the tort liability law of the People’s Republic of China(hereinafter referred to as the “tort liability law”), the implementation of the specific provisions of the third person infringement when students to cause damage to schools and other education institutions shall bear supplementary liability. But when the tort liability legislation is still in its infancy, the theory study of supplementary liability is relatively weak, the academic circles on the victim’s claim for compensation sequence, the subjects of the scope of compensation, if there is a right of recourse against and recover the range on issues such as a matter of debate. therefore, the author take “the third person infringement case” as the breakthrough point, using the empirical analysis, comparative study, combining theory with practice, from the concept, legal status, legal basis, sensors and actuators, imputation principle is discussed, in order to the campus tort supplement responsibility for a shallow carding and analysis. Besides preface and conclusion, this article is divided into four parts.The first part, aims to put forward questions, with the frequent cases of infringement of the campus as the breakthrough point, in this article are discussed the concept definition of “the third person infringement case”, and by analyzing our country current laws and regulations of the school infringement liability rules, determine a definition of tort supplementary liability.The second part, through the consult of “the third person infringement cases” in recent years, combing hotspot and focus of disputes from trial basis, the determination of the defendant, the allocation of burden of proof, imputation principle and fault decision criteria of the four aspects of “the third person infringement cases” school supplementary liability, point out the difficulty and confusion in the judicial practice.The third part, from the perspective of the school in violation of the security obligation, legal basis for the school supplement responsibility, the paper mainly discusses the school safety guarantee obligations, and the content of the standards, and the nature of the school supplement responsibility.The fourth part, from the legislation goal and feasibility analysis of school supplement responsibility, discusses the distinction between supplementary liability and other responsibilities. The school would bear the corresponding supplementary liability when the direct responsible person unknown or unable to bear, but this liability just according to their own fault, and the school do not enjoy the right of recourse.