On The Civil Liability Of Schools In Students Injuries

In the last few years, along with our country education development, the student injures the accident to become the hot topic which the school, the family and the society pay attention. Whether the school does have to undertake the legal liability, to undertake any type legal liability, according to kinds of the responsibility principle determined the school undertakes the responsibility is the student injures the accident reasonable solution the key. However, the present law to the school responsibility mutual stipulation too principle, in the judicial practice the feasibility is bad, moreover the academic circles also has the dispute to this question understanding. These questions for processed the student to injure the accident to create the serious barrier. Therefore, studies the student to injure the accident middle school the legal liability, regarding processes the student to injure the compensation dispute correctly, safeguards student's legitimate rights and interests, maintains the school normal education teaching order to have the vital significance.First chapter, the student injures the accident middle school civil liability outline. Injures the accident to the student the concept, the type, the legal characteristic makes the brief introduction, and injures the accident to the student the present situation, has the reason and the initiation legal matter carries on the detailed elaboration, then in analyzes the domestic and foreign scholar related school and the student relates the viewpoint in the foundation, proposed own viewpoint.The second chapter, the students in the school injuries Civil Responsibility. This section related to the academic theory to analyze the Responsibility. Then the current education system in our country and from abroad on the basis of legislative experience to school principles of tort analysis of Liability. Next to the school of civil liability for the general constituent elements described, the author of this persist in the academic community through the four elements of that theory. On this basis, then on the analysis of school injuries in the student exemptions.The third chapter, Student injury and civil liability law system of the school. First, the school responsible for the problems in practice were discussed, including whether there is fault to determine the standards the school is unclear, the third party tort suffered minor personal injury caused by the unclear areas of responsibility and compensation for the school funding issue is difficult to put in place, And put forward corresponding countermeasures.