Student Injury Accident And School Responsibilities

In recent years, the accident of the student injured already to become the hot topic, which the society paid attention. Statistics have indicated, at present, the accident of the student injured oneself after to become threatens the student life and the property security top-quality murderer. However in the law, is not easy regarding the student and the school legal relationship as well as the responsibility relations to judge, in the practice, the related law has the problem which the sense of principle is strong, may operationally miss, this causes originally on the student which processes with difficulty to injure the accident when seeks the judicial way solution to have the barrier. Therefore, studies the student to injure in the accident the civil liability ownership is this article's basic goal.Overall, our country correlation legislation still had the disappointment, the theoretically value was still insufficient, therefore had to the accident of the student injured and the responsibility carries on the system the fundamental research necessity. This article altogether divides into four parts of contents:The first part of main elaboration school and the accident of the student injured. This part mainly divides into two questions elaboration: First, does to the school type and the characteristic briefly introduced that, second, first analyzed the accident of the student injured the connotation, then injured the student the accident the place which occurred based on the accident to divide into for the standard two big kinds, and to the school in the accident education accident, between the school facility accident and the student the accident performed in detail to elaborate.The second part of main elaboration school and student's legal relationship. This part mainly analyzed the legal science has the representative about the school and student's legal relationship three viewpoints: The guardianship relation said, the contractual relationship said, competes gathers the relations to say. After then specifically was analyzing three kinds of mainstreams viewpoints the flaw to expound author's viewpoint, the author believed, the school and student's legal relationship had to be one kind of legal education, the management and the protection relations, and directly manifested is one kind of legal responsibility, stipulated according to the national correlation law laws and regulations, this kind of legal responsibility summed up as the legal education, the management and the protection responsibility. The third part of main elaboration school responsibility turns over to the responsibility principle. In this part, the author first analyzed about has turned over to the responsibility three viewpoints, proposed in this foundation author's viewpoint, had pointed out how turned over to the responsibility is any as well as carries on turns over to the responsibility. Then separately on concrete turns over to the responsibility principle: The mistake responsibility principle, then on- mistake responsibility principle, the fair responsibility principle perform to analyze. The author believed that, the school responsibility turns over to the responsibility principle to have take the mistake responsibility principle as the general principle, but take the fair responsibility principle as the exceptional principle, is all is cannot be suitable as for the non- mistake responsibility principle in any situation. But, is being suitable the mistake responsibility principle time, whether has the mistake to present evidence the responsibility to have to undertake by the school, namely is suitable the mistake estimation principle.Fourth part of main elaboration school civil liability. First regarding the school civil liability general constitution important document, the author had persisted in this the subjective mistake, the illegal activity, the harm consequence and the causal relation four important documents said. Then analyzed the universities students in the special type school civil liability to injure the accident with emphasis, including to the characteristic, the type, the responsibility recognized three aspects the elaboration. Finally regarding the school responsibility other relief ways, namely the social security has carried on the brief elaboration, mainly is the insurance and the fund two ways, insures and voluntarily insures two kinds including the compulsory insurance, elaborated the insurance way feasibility and the validity, as well as concrete implementation way.