Student Injury Compensation Legal System

In the recent years, the school students have been frequently injured, which extremely hurts the students and their parents both physically and mentally, disturbing the normal teaching schedules. Accident injuring student is inevitable fact in the course of running a school, which becomes a serious question that puzzle the work of school and influence on order of education.We all know that China' s contemporary legal system lacks the laws concerning the school accidents , which results in some complicated issues and problems. The key to the legal settlements of school accidents lies in the definition of legal relations between schools and students and their parents or guardians. The theory of special relationship is an important suggestion that the relation between schools and students be defined as the relation between the rights and duties of the educating and the educated, the managing and the managed, the protecting and the protected. It can be called as the legal relationship of education. It is a relationship in a sense of public law, being established by educational institutions in the course of educational and pedagogic activities in accordance with the principles and standards of education and pedagogy set up by the state.It is a hot issue that either the transferred agreement of guardian's responsibility or the fault responsibility should be applied to dealing with the injures of students. This paper holds that the transferred agreement of guardian's responsibility disagrees with the legislative purposes and the theory of the law. besides , a lot of inevitable mistakes appear in practice. So the fault responsibility can only be applied to the ease of injury of students in school. Schools need take the legal responsibility for the injuries of the students at school due to the schools' wrong doing while carrying out their educational and pedagogic activities.The promulgation of " Solutions to Students' Injuring Accidents " by Education Department has provided some due legal grounds for handling the students' injuring accidents. It has positive significance , however , its validity is limited and some stipulations have conflict with civil law , and there are some aspects that should have stipulated such asthe burden of proof, compensation for spiritual damages , the responsibilities' share of school , sponsor of school , educational administration authority , so it should be improved further.Accident injuring student should be prevented first and dealt with second. Accident injuring student should be correctly defined from law ,legal obligation should be one by one made definite after accident injuring student , and compensation should be properly handled without delay , simultaneously each and every one of lawful rights and interests should be practically defended.