Primary And Secondary Schools On Civil Liability For Student Injury

Now and in the near future, the minoes' impairment compensation in school will be a focus of attention. It is said that the injures in the schools are the firse killer upon those students. Along the impusle of the education's organizational reform the people's law realizes are strengthened which causes many lawsuits between schools and students. We should say it is a sign of enhancement of legal awareness and the improvement of society civilization. But such accidents will bring the pains and adversities to students and their families, they also bring the depression and difficult problems to the department of educational administration , schools and teachers. At the same time the students'comprehensive and healthy development will be hindered. It will impede the improvement of quality-oriented education. Present our relational laws are limiting in the former social reality, so wo cann't adjust our law to the current situation legislation on injury to students and execution of law strarve for improvement and enhancement.Legislation imperfect makes lacking unifies,good solution mechanism in dealing with the injury accidents. There are so many different decides about the same accident in the judicature practices. In the theorists the relational basic theory are just developed a little. Whether the schools should take on legal liability,which the legal liability the schools should take on, which the principle of liability attribution should be ensured, becomes the focus in settling the injury accident appropriately. The significance of The Rule of Handling Student-Injured Accidents, which was issued by the Ministry of Education on August 21th, 2002 and took effect on September first, 2002, is that it provides a definite regulation for us to deal with student-injured accidents at the time when people did not have any laws or regulations to refer to in handling accidents in which students are injured.At present, we are short of unified legal protection and valid settling mechanism about the handling of such accidents in our country, which includes liability distribution, compensation amount, handling procedure, etc. Facing the injury accidents suffered by middle school and primary students, there is no explicit regulations about what legal liability schools should undertake.The paper try to analyse these questions and profits from the foreigner's advanced legislations and law experiences, derive the multitudinous from the legal sciences and education experts and summarize judges' wisdom,the rich trial experiences. Managed to analyze the important law-applying problems on injury to students in our country in recent years. The writer tries to do her possible contribution to the nation's building of law and research of theory on the phenominon of injury.The earch time people talk about the injury accidents on campus, they alaways means the injury accidents that happen in the campus. Theory, there are several definitions about it. The definitions above don't make clear its denotation and connotation that it is too narrow in subjectively or too wide in the injuried objects or too small in space. By analyzing the type conception, concept, scope of the injury accident and characteristic among students in schools so as to provide a foundation for further discussion.In my view, until the relationship between schools and the students and the guardians as well as schools' legal position and the grounda on which schools take lagal liavility must be clarified, their liability wil be able to be identified properly. The problem that the relation between the students woth their guardians and the school is a foundamental problem on such cases, because the clarification of the legal relation is the precondition of laws application.The paper elaborates and analyzes four mainstream viewpoints about the responsibility of the schools at present that are the view of the guardianship responsibility,the view of congruent relationship,the view of education administration protects and the view of legal responsibility in order to expound the author's view. I think the schools should assume the liability for the accidents under some conditions. The legal relationship between schools and the under -age students is based on school legal responsibility-education, supervision and safeguarding. When the schools infringe its statutory obligation, causing the students' injury, the legal liability of the schools is the liability for tort because of its infringement act.As a subjects of compound educational relationship, schools and students take legal liability of one another. Schools' taking change of the injury in perfuming. Their duty is executive or civil compensation, which is regulated differently in different countries. Accourding to civil legal principle and legislative regulations of our country, schools should take the legal liability of this kind in principle. The majority tend to believe general liability for fault should be adopted in reference to this kind of accidents. In the eyes of author, that schools should take liability whether they have fault or not and whether fault is serious or not and that schools should compensate the whole loss whether loss is heavy or nat are bound to have a negatice effect on education. However on some special occassions, schools take no liablity, which do harm to the students' legal interest. Considering the present injury accidents on the campuses, there exist different injurious subjects and different causes. As a resultm, determining schools' responsibility by the same principle is not good for the accidents whether in legal principle theory of law or in reason, we must make the difference treats to those concrete questions. The paper analyses the principles which are the principle of fault liability, the principle of fault understandability liability, the principle of justice liability in order to find that which the principle of liability attribution will be applied to the injuries has be more just and be propitious to legal rights for schools and students. Then the paper elaborates the constitution important documents of schools' civil liabilities.The key of this paper is studying the injure elementary of middle school students and the types,reduces and undertakes of the schools' civil liabilities. According to the principle of abuse of authority method, on same special occations the schools' have the reason to absolute or reduce. The author elaborates the questions what we must pay attentions to under those situations which are warrant,external reasons,mix mistakes and right infringement responsibilities, then proves under special occations the schools take obligattion by share is necessary. The undertaking of the schools' civil liabilities is the key link to solute those disputes.Introducing the civil compensation legal regimes of the western nations in students' injure and the promulgation of "Solutions to Students' Injuring Accidents" by Education Department in order to propose several questions of the promulgation in its just principle as well as the legislational hermeticness,feasible. The promulgation of "Solutions to Students'Injuring Accidents"by Education Department has provided some due legal grounds for handling the students'injuring accidents. It has positive significance, however, its validity is limited and some stipulations have conflict with civil law, and there are some aspects that should have stipulated such asthe burden of proof, compensation for spiritual damages, the responsibilities' share of school, sponsor of school, educational administration authority, so it should be improved.The injury accidents on the compuls arise fault of one side, two sides or even a great many sides, either in theory or in pratice. Therefore, since there lies fault there is likely to prevent, reduce and even get rid of fault. In view of the circumstances, author point that we should take same preventive measures. And we must deal with these issues from the legal angle to limit the student injure accident correctly, clear about all quarters' legal liability after to happen the student injure accident, then deal with the damage compensate questions promptly.At last, the author puts forward the possible way to solve the compensation of student-injured accidents---- to set up the educational insurance system. The author expresses her own legislative suggestions and hopes to make the system perfect as close as possible.