On Minor Students In The School's Damage Liability

At present, views vary in legal principle and practice on settle the juveni le cases of harming and being harmed in their schools and here comes the author' s exploration at the basis of the analysis of the distinctive nature of schools.In the first part , the author analyzes the possibi I it ies that school could exercise certain administrative ritghts under the authorization from the state. In fact , the legal status of schools as administrative subjects was already acknowledged in the history at home and abroad and is further Iy admitted in modern laws of many foreign countries. And , it will be established in our state.In the second part, through the analysis of school' s legal status, the author believes that the difficiencies are obvious in the argument in which the legal relationship between students under age and their schools is that of guardianship, reflect two distinct legal facts and in practice, spectacular negative effects could result from the commission of schools to guardianshipo So the author argues that students under age their school forma legal of educating and being educated , administrating and being administrated , and , protecting and being protected.The third part is the main body of this dissretation. Based on the analysis above, the author points out who the subjects are in the juveni le cases of harming or being harmed and puts forward different legal subjects.that is , students under age should undertake certain legal responsibilities if performing infringement acts; the guardians should bear constructive fault liability; and, school should assume the consequences for its fault under the pr inciple of equitable responsibi I ity sharing.And the fourth parto Classifications of the accidents are decided comprehensively from the point of practice.The final part of this dissertation forms a brief conclusion of it.