On School Responsibilities, Students Hurt In The Accident

In recent years, the minors' impairment compensation cases increase year by year. In these cases, people have different ideas about the liabilities of school. There is hardly any law to regulate it The liabilities of school are still vague. So it is the serious barrier to settle these disputes. Fixing the liabilities of school in the school injury accidents is very important for the court to settle the cases correctly. It also has vital significance to protect the students' legitimate rights and interests and maintain the educational order of school.There are five parts in this article.In the first part, the author has a brief introduction of student injury accidents. It contains the definition, present situation and the legal problems caused by the student injury accidents.In the second part, the author analyzes three viewpoints about the liabilities of school from domestic and foreign theorists. With this understanding, the author describes the viewpoint of herself. Her viewpoint is that the liabilities of school should be legal liabilities, consisting of educating, conducting and safeguarding liabilities.In the third part, the author studies the four most controversial principles of liability attribution, which are the principle of fault liability, the principle of fault understandability liability, the principle of no-fault liability, the principle of justice liability. The author holds her ground that generally the school should not be burdened with any liability if it has no faultIn the fourth part, the author brings forward several questions about the school's liabilities fixation in the school injury accidents. Such as, the constitution, form and exemption of the school's liabilities, the specific analysis of school fault the liabilities of school in sports, the validity of the liability exemption agreement between parents and school.In the last part, this thesis brings forward the legislation design of the school accident obligation. The school accident obligation should be regulated as a respective type of torts in the Chinese Civil Code.