| In recent years, injuries done to minors in campus took place frequently, which has had some effects on students, their parents and even the whole society. Meanwhile, different viewpoints and outcomes originated from different dispositions on such cases because of the dimness of laws and differences of understanding. It is in such a state in judicial practice. So are in theory cadres. Such state does harm not only to the protection of the due rights and interests of minors and their parents, but also to the healthy development of the whole education cause. Besides, it does no good to the unification of legality and the realization of the ultimate aim of judicial justness. Considering this text makes detailed analysis of injury cases happening in campus from five layers.Part I defines the injury cases in campus, summarizes its features and makes proper classifications. Minors injury cases in campus refer to the cases resulting from personal injury to minor students while they're in the charge of the school: such cases hold three features generally: the specific subject, namely minor students; the specific time, namely during the period of their studying in school; the specific place, namely in campus. Different classifications can be made to the cases of injuries to minors in campus according to different standards. Cases are put into three groups according to different subjects that do harm to minor students, namely injury cases done by the third party, those by the school and those arising from the students' themselves.Part II analyses and concludes the legal problems involved in cases of such cases. The problem that the relation between the students with their guardians and the school is a fundamental problem on such cases, because the clarification of the legal relation is the precondition of laws application. The problem is one that arouses the most disputes in both practice and theory. Starting from the basic fact that "How the Teaching Relation is Established Between Minors and the school" , this dissertation makes a profound analysis and research on the relation between the minors and the school and that between their guardians and the private school, differentiates the public school and theprivate school where compulsory education is carried out. Grounded on the balance and measure of the protection of minors and the existence and development of the school (combined with current legislation) , this dissertation presumes the relation between the public school and minors to be transfer of entrustment guardianship, the relation between the private school and minors to be entrustment guardian contract.Part III makes a probe into the imputation principle of the liability that the liable subject shall bear when campus accidents occur. It is concluded that according to the subjects that cause injuries, liability of fault as the direct infringer, liability of supplementary compensation due to fault and the "Fairness" without fault shall be imposed on school, that liability without fault shall be imposed on the students guardians and that corresponding liability shall be imposed on other actual infringers according to concrete torts. It is focused on the ascertainment of the fault of school and concrete standards are put forward. In part IV the liable subjects are decided according to imputation of liability, viewpoints are expounded when coincidence of liability occur. Layers and scopes of liability that shall be borne by various subjects are defined and the scope of compensation, standard of compensation, methods of compensation and so on are made clear.Current legislations are summarized and the views of the court in judicial practice are concluded. By research on comparative laws and analysis of relevant foreign legislations, the author puts forward counterplots and advice on the perfection of legislations on injury cases. |
