Campus Students On Injury Accidents

Eeach time people talk about the injury accidents on the campus, they always means the injury accidents that happen on the campus. In theory, there are several definitions about it. Some define it as faulty injury accidents at school and some define it as the accidents of the students in the charge of the schools, and some others view it as injury accidents that happen on the campus. The definitions above don't make clear its denotation and connotation that it is too narrow in subjectively or too wide in the injuried objects or too small in space.In author's opinion, they are the accidents that the kind garteners, pupils and middle-school students are injuried or die or injure others and even cause others to die in the caurse of learning or in taking part in schools educatinol and teaching activities inside or outside the schools or inside other living and teaching establishment in the charge of the schools. That is to say, it is both a time conception and space conception. As long as it is connected with the school's teaching and educting accitivities, it belongs to the injury accidents on the campus, even though they happen outside schools.The accidents burden the injured heavily economically as well as causing the injured and thair family's unhappiness or even lifelong pain. In judical practice, schools are charged without exception, which causes much confusion and great uneasiness to educational managements, schools and teachers. Although Educational Department laid down regulation "How to deal with the accidents on the campus" in June, 2002, the present lawhasn't made any regulations about it, and owing to judges' defferent understanding of the regulation and rulers, counts are not in line with each other both in views and in practice about whether schools take legal liability and what kind of legal liability schools should take and whether pubic schools and private schools, especially noble schools take the same legal liability and have, the same characteristic.In my view, until the relationship between schools and the students and the guardians as well as schools' legal position and the grounds on which schools take lagal liavility must be clarified, their liability will be albe to be identified properly. At present, there are two views about the relationship between the nonage and guardians. They are Guardianship Automatical Transference Theory and Guardianship Transferance In Trust. As a matter of fact, the views above are derectly quoted from Quardiasnship syestem in civil legal relationship and the legal relationship between schools and the students are defined as guiding and being guarded. The author questions the views on the characeristic of Guardian syestem and content and the result of transference and so on. I believe the legal relationship between them is not a simple civil relationship but a compound educational legal relationship. Education, management and protaction constitute its basic content, which has both civil nature and executive nature. Though schools' liability like education, protection and management is similar to guardians' obligation in a way, thre are great defferentes between them in legal sources of obligation and the retical grounds and time and space of performing liabilities. Schools' taking charge of their ownactions and guardians taking change of another person's action resemble in appearance but quite different in nature.As a subjects of compound educational relationship, schools and students take legal liability of one another. Schools' taking change of the injury in perfoming their duty is executive or civil compensation, which is regulated differently in different countries. According to civil legal principle and legislative regulations of our country, schools shall take the legal liability of this kind in principle. Referring to the legislation of Roman legal genealogy and judical practice of British legal genealogy and considering Chinese social situation, the majority tend to believe general liabitity for fault should be adopted in reference...