On The Relief Responsibilities And Mechanisms For Primary And Secondary Schools On Students' Mental Damage

The system of compensation for spiritual damages in China began work at a comparatively late date. It's different in recognize and practice, even ill-defined for concept, range and amount about compensation for spiritual damages. Spiritual damages of students is a specific condition in normal, that remedies channels had less been concerned because of the legal relationship between students and school is complex, the system of compensation for spiritual damages that is incomplete, and often excluded by the ordinances which is disposal injury incident in school and insurance. But the lawsuit between students and school are more and more occurred, with the enhancement of rights protection consciousness of parents and students, also the case of compensation for spiritual damages that happen time and time again. So we must envisage the serious station that spiritual damages will effect student's learning, living and mental or physical development. It's important to construct a distinct remedies system to protect student's rights of human dignity effectively, that according to middle and elementary school student's character, and definite the legal obligation about school protect to student's rights of human dignity. Above it, the paper researched the remedies obligation and mechanism of spiritual damages about middle and elementary school to students. The paper includes three chapters and about 40 thousand words.Chapter one has a general overview of student's spiritual damages. It analyzed and induced the basic factors of student's spiritual damages concept from iatrical and juristic angle, illustrated the situation of student's spiritual damages, expatiated the effect of student's spiritual damages.Chapter two give a legal analysis of remedies for student's spiritual damages. It defined the legal relationship between students and school through legal analysis, researched which Doctrine of Liability Fixation should be taken by that school's remedies liability for spiritual damages to students, defined the liability components of school tort, induced the main types of student's spiritual damages and the ranges of remedies liability by school.Chapter three researches the remedies system for student's spiritual damages. It analyzed the legal basis of remedies liability that school to student's spiritual damages firstly, and defined the civil remedies liability for spiritual damages by school within the prescribed framework by civil law. In the meantime, it envisioned the mechanism of administrative remedies by school to student's spiritual damages based on the administrative liability that school should educate or manage and protect students at the period of Compulsory Education. For the damages compensation of civil remedies liability, this chapter mainly to solve the problem what is the source of compensation financing by school. For the construction of administrative remedies mechanism, this chapter emphasizes to analyses some concerned mechanisms such as accident report system and psychological crisis intervention system for student's spiritual damages.