School Responsible For The Accident Study

At present, nonage student's indemnity cases because of school accidents are increasing, and become the focus of the society. But our country's law is too principle, and it's operability is too worse. At the time of making the civil code, many scholars put forward a drafted plan, but it's, rule about the responsibility of school accident is different So the article set out from the property of school trouble responsibility, analyze the constitution items, indemnity and so on. The article includes six parts.The first part is summary about the protection of nonage students and responsibility of school accidents. At present, the nonage students occupy a very great comparison in all the students, they were injured because of the school accidents and initiated public prosecution, we must give enough concerns. Nonage students are important power of the development of society, and the growth of them have decisive influence to the development of our society. So we must solve the school accident cases carefully, and protect the rights of nonage students.The second part is the theories analysis about the property of school accident responsibility. This part analyzes many standpoints about the property of school accident responsibility, for example the theory of responsibility serving as guardian, the theory of negation about the responsibility serving as guardian, the theory of responsibility of breaking contract, the theory of double responsibility, the theory of legal responsibility, and the theory of responsibility of taking charge. On mis foundation, incorporating the rules of our law, I think the legal relationship between school and nonage students is education, management, and protection, the responsibility of school is legal education, management and protection.The third part is the theories analysis about responsibility principle of school trouble. The rule of our country's law is fault responsibility principle, this part compare it with non-fault responsibility principle, fair responsibility principle and fault presumption responsibility principle. This part holds that non-fault responsibility principle is too strict, and is harmful for the activity of education, and it's theory premise is flimsy. Fair responsibility principle is not the principle of liability identification in our contemporary law, but is useful for sharing losses. Because school is advantageous in evidence, and taking into account fair,...