Students Injury Accidents Attributable To The Prevention,

In recent years, more and more school accidents have been happened. It causes the dispute between the schools and the students'families. It has become the hot topic of society. We should say it is a sign of enhancement of legal awareness and the improvement of society civilization. Such accidents will bring the pains and adversities to students and their families. They also bring the depression and difficult problems to the department of educational administration , schools and teachers. At the same time the students'comprehensive and healthy development will be hindered. It will impede the improvement of quality-oriented education. But, at present, there is no definite legal merit for dealing with the accidents of students'injuries. The long-standing misconception still exists. Affirming the scope of the accidents of students'injuries should based on the students'subject status and schools'faults and to make legal provisions on the duties of schools according to the situation of students'different civil capacities. Thus the accident of students'injuries can be effectively prevented and correctly handled. We all know that China's contemporary legal system lacks the law concerning the school accidents, which results in some complicated issues and problems can't be solved satisfiedly. The key to the legal settlements of school accidents lies in the definition of legal relations between schools and students The significance of The Rule of Handling Student-Injured Accidents, which was issued by the Ministry of Education on August 21th, 2002 and took effect on September first, 2002, is that it provides a definite regulation for us to deal with student-injured accidents at the time when people did not have any laws or regulations to refer to in handling accidents in which students are injured. However, the establishment of the rule goes some what beyond the departmental legislative power, the rule lacks legislative technique in many respects and some articles in the rule conflict with the Civil Law. The article groups into five parts: The first part (chapter one) analyses the legal structure of students-injured accidents from the prospective of introducing its conception. The author devides such accidents into 4 categories in accordance with the different causes so as to provide a foundation for further discussion. The second part (chapter two) generally introducts the nature of relations between schools and students, and analyses the various specific conceptions which exist in current theoretical circle. The author accepts the theory of educational supervise and protection, and rejects such theories as the guardianship transfer theory,the quasi-administrative relation theory and the trust agency theory from multiple angles. Only if the nature of relationship between students and schools is correctly defined, the school shall correctly undertake their own duties and obligations as well as avoiding unfair treatment. The third part (chapter three) involves discussion of the principal of dealing with such school-injured accidents. Firstly the author introduces the legislative system of the two families of law, then the author brings about the general principal of determining the legal relations of tort law, and puts the legal theory into analysing the practise cases. The forth part (chapter four) the author puts forward her own ideas of preventing and reducing school-injured accidents. From the duties of schools ,parents,guardians and the whole society, the author discusses what the different parties should do to reduce such accidents and provide a better and safer environment for students. The last part (chapter five) the author focuses on the Rule of Handling Student-Injured Accidents which was issued by the Ministry of Education. Firstly, theauthor affirms the positive significance of it, and then, the author indicates the negative points of the rule, and questions a few issues such as the principle of justice and equity,the operationality and the integrity of the rule. At last, the author puts forward the possible way to solve the compensation of student-injured accident----to set up the educational insurance system. The author expresses her own legislative suggestions and hopes to make the system perfect as close as possible. The author collceted a great deal of original information and emphasized on the authority and novelty of quotations. On the content arrangement, this article skips some aspects which have been discussed a lot and pay a lot of attention to several controversial issues...