Nowadays, in the process of promoting essential-qualities-oriented (EQO) education, it has become a widely-concerned educational issue to handle student injury accident in a legal and proper manner. The author holds that we should first clarify the concept of"student injury accident", that is accidents for which the school should take responsibility. On this basis, it should be made clear that according to Education Law of PRC, the legal relations between school and student are that school is responsible to educate, supervise and protect but not to guard students. The civil responsibility of student injury accident pertains to right-violating civil responsibility. The compensation liability principle of such accidents should obey the fault principle. According to Civil Law, Criminal Law, Education Law, Adolescence Protection Law and related rules and regulations concerning students'and schools'rights, there are eleven situations in which school should take responsibility of student injury accident. If such situation occurs, the school should take the blame of being subjectively intentional, neglectful and over-confident. Solving student injury accident in a reasonable way should base on the clarification of the responsibility of the school. It should also actively construct social security system and liability insurance system in order to mobilize all positive forces to share risks. In addition, focusing on the practical problems in reality, the author brings up several proposals, such as uplifting legal hierarchy by establishing School Security Law or Campus Law etc, including infant injury accident in kindergartens into Measures for Handling Student Injury Accident, formulating laws that stipulate boarding schools should assume more responsibility and preparing to set up"school expert consulting group on liability insurance". |