Minor Students Hurt The Schools Bear Civil Liability In The Accident

In recent years, the trend of personal injury accidents that middle school students and primary pupils suffered by is increasing year after year in schools of our country, and the disputes arisen for this increase day by day. At present, we are short of unified legal protection and valid settling mechanism about the handling of such accidents in our country, which includes liability distribution, compensation amount, handling procedure, etc. Facing the injury accidents suffered by middle school and primary students, there is no explicit regulations about what legal liability schools should undertake and the sentences of courts are different.This article's purpose is to understand schools' responsibility issues that bear in the accident of teenage student.This article is composed of three parts, 32, 000 words in all.Part Ⅰ : This part mainly analysis legal connection between school and minor students.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 legal liability be clarified, their liability will be able to be identified properly. After analysis the merits and defects in current theories by the angle of the nature in school's civil liability, this article defines Guardianship Automatically Transference Theory and Guardianship Transference In Trust Theory. The author questions the views on the characteristic of Guardian system and content and the result of transference and so on. I believe the legal relationship between them is a compound educational legal relationship. Education, management and protection constitute its basic content and the schools take the responsibility for the same reason. As a subjects of compound educational relationship, schools and students takelegal liability of one another. According to civil legal principle and legislative regulations of our country, schools shall take the legal liability of this kind in principle.Part Ⅱ: This part mainly discusses doctrine of liability fixation to the school.Referring to the legislation of Roman legal genealogy and judicial practice of British legal genealogy and considering Chinese social situation, the majority tend to believe doctrine of liability for wrongs should be adopted in reference to this kind of accidents, on some special occasions, doctrine of presumptive wrongs and the equitable liability doctrine are used. Schools take the same responsibility regardless of public schools and private schools.Part Ⅲ: This part mainly analysis defenses of the school and the responsibility fashion for school's faults.The maintain of school's civil responsibility is an important matter. According to the principle of tort law, schools have the catalog of exception in some special situation. This article analyses the exemption in detail and prominent some noteworthiness issues under different situation of the exceptions. The claiming increasing payment of the injured and schools' lack of money become great difficulties in settling the problem properly. Author suggests that we can follow the example of Canada and America and so on, That is to say, we can categorize it insurance and establish insurant system to transfer this kind of compensation from individual burden to the share of society so the injured can get timely compensation and schools' limited educational resources can be made full use.