On The Responsibility Of Personal Injury Accidents In The School The Minor Students

In recent years, the body injury accidents among minor students in many schools have been a frequent occurrence, which cause many lawsuits between schools and minor students. Whereas the special status of students and schools, the injuries give rise to the attention of society, schools and parents of students (i.e. minor students' guardians).The accidents of the body damage to the minor students continuously happen, which not only bring the students and their parents a lot of misery and misfortune, but also make the educational administrative departments puzzled and uneasy as well as schools and teachers.Legislation on these issues in China is still juvenile, especially on the definitude of the liability, and the solution of this kind of accidents. Laws concerning schools and education lack practicality and cause much dissidence. Consequently, the condition is not beneficial to the development of our educational course. Legislation on injuries to students and execution of law has a long way to improve and they badly need to enhance .In connection with the legal practices, this article makes deep analysis on the main items including the lawful relationship between the schools and the minor students, the nature of compensation of such cases, the principles of responsibility, the main terms of principles of liability attribution as well. The article consists of seven parts. The followings are the main content of this paper:1. When the analysis on the theories of the relationship between schools and minor students is made, the author holds the view that school is not the guardian of the minor students and shall not take the responsibility of the guardianship. Whether the school is state-owned or private-owned, school is not students' guardian. Schools shoulder the legal responsibility to educate , protect and supervise the minor students.2. In minor students' injuries accidents the principle of fault liability should be used dominantly about the liability of school, while justice liability assistant Under some special circumstances, the principle of justice liability should be used exclusively under strict conditions. When law has special .regulations, the principle of presumptive fault should be used. In the author's opinion, the schools shall take the legal protective responsibility of body safety of the students under age, so take the standard of a reasonable and cautious person to...