Research On School Infringement Responsibility

Currently, school infringements occur frequently, but Several disputes have broken out between school and parent. Minors belong to a special group. To maintain legal rights of school, teacher and student, we should analysis, from the legal perspective, requisites to constitute a student injury accident to reduce a negative impact on school order by means of legal procedure. The article includes the following five parts besides introduction part:the first part is outline of concept and property about campus infringement and liability, which is prescribed in the 38th to 40th clause of the Infringement Responsibility Law, School infringement liability means nursery school, school, or other educational organizations for the sake of their delinquent behavior shall assume corresponding responsibility for an individual who is incompetent for civil conduct or limited capacity for civil conduct, suffering from persona injury during supervision.The second part, according to the relevant provisions of the tort liability law, Legal Incapacity or Restricted Legal Capacity of students applies to presumption of fault and the principle of fault respectively. In addition, in practice, the author thinks on certain occasion complying with the principle of fairness are all what we, based on financial conditions, social sympathy and different situations.The third part is elements of School Infringement Responsibility. Combined with factors of infringements, the article deals with existent fact, fault, and cause and effect. Personally, Judging whether there exists a behavioral fault determines existence of campus infringement responsibility.The fourth part, in terms of demanding exemption from liability and taking on, the article discusses related problems. In civil proceedings the burden of proof of concept, the distribution of the burden of proof of the general rule-who advocate who rules of evidence. However, what campus infringement responsibility is distinguished from lies in two aspects:if a student incompetent for civil conduct should not shoulder the responsibility for burden of proof but school should; lf victim student with limited civil capacity of conduct should assume it by himself. The fifth part is the suggestions put forward. establishing perfect legal system, insurance policy, sound advice and consultation and faculty-oriented education...