Study On The Responsibility Of The School In The Student Injury Accidents

In recent years, the body injury accidents among students in many schools have been a frequent occurrence, which cause many lawsuits between school and students. In most of the student injuries accidents, the school should bear the liability, so the main research is in school responsibility. This issue involves complex legal relationship, the provisions of legislative principles and also more fragmented, has brought trouble to the judicial practice. Theoretical research in this area is relatively backward; some fundamental questions for the research thorough enough, which for the protection of the rights of students very bad. This paper will define the concept of student injuries as a research premise, the students accidents discussed in this article refers to minor injuries during the school students suffered personal injury. On this premise, this tort liability of schools around the start, first of all to clarify the legal relationship between schools and students, clear the nature of school responsibilities, then the principle of attribution of responsibility for the school, and finally discuss the school accountability, defense and social of the problem. Throughout the discussion process, the article interspersed with commentary on the existing legal provisions.The article is consists of three parts:The first chapter discusses the legal basis of school responsibilities. Firstly the relationship between the school and the students were introduced several theories, and points out its merits, the focus of their unreasonable conduct a detailed analysis and criticism. On this basis, between schools and students are not identified guardian relationship, nor a contractual relationship, can not be called "education, management and protection of the relationship".It can be referred to as "educational relationship", it is a kind of civil legal relations. Then come to this conclusion:The responsibility of the school is a kind of tort liability, and is a special kind of tort liability.The second chapter is about the doctrine of liability fixation to the school. Students with relevant legal provisions and the actual situation of injury, found the school responsible for the general principle should be attributed to the principle of fault, this fault will be the principle of presumption of fault principle as a special case, and put that in the context of the principle of fault. For the no-fault principle and the principle of fairness, the article suggest that they can not be attributed as the general principles of school responsibility, no fault principle applies only in exceptional circumstances, and fair application of the principle of liability can not exist in this area. The article also has more detailed explanation.The third chapter mainly analysis defenses of the school and discuss the responsibility fashion for school's faults. First introduce the school responsible for the conditions, in addition to the general sense of the constituent elements, but also should be consistent with this three elements:main body, time and space. Then the nature of responsibility according to the school, share the different schools were discussed and additional responsibilities of independent responsibilities, with relevant laws and regulations, accountability of schools to make a comprehensive, detailed analysis. Then come the responsibility of the school's defense, referred to the need to focus on different civil capacity of the injured students determine the different defenses. Finally, discusses the problem of school social responsibility, the paper explain the reasons and tell us how to do it.