Reserch On Students' Injury Accident

This thesis takes the student's injury accidents as the research target. Student's injury accidents means injuries and hurt to school students, what plays a very important role in our modern society, especially affects a lot on families and schools. Research which focuses on students' injury accidents becomes a hot topic in Law and Education fields.The provisions of《Tort Liability Act》ordains the responsibilities and obligations to students' injuries accidents with three aspects. This paper discusses the student's injury accidents on the basis of the provisions of《Tort Liability Act》and other relevant laws and regulations and also use the scientific research results as references. This paper is composed of five parts including "the definition of students' injury accidents", "the legal basis to recognize the schools responsibility in students' injury accidents ", "the imputation principle of the tort liability in students' injury accidents ", " The composition of the tort liability of students' injury accident", and " The compensation system of students' injury accidents".The first part inspects the title and the definition of students' injury accidents, and claims it's better to persist in using the appellation as "Students' Injury Accidents". It defines the connotation of students'injury accident in five aspects, those are, the Subject, the Actor, the injury time, the injury scope and the results of the injuries and damages. On this basis, it discusses whether the school should take a main responsibility in a student's injury accidents. Then, it references the shapes of school responsibility and other research results in students' injury accidents, it classifies student's injury accidents to three levels with the logical relationship.In the second part, it first studies the various academic views on the legal relation between schools and students, then it claims its proposition. The standpoint of this part is persists that the legal relationship between the schools and the students should be defined as education legal relationship. The education legal relationship, which absorbed the reasonable contents of other doctrines and laws, should be more scientific and reasonable.The third part discusses the imputation principles and the tort liability with the specialty of student's injury accidents. It references many scholars' theories on the imputation theory and persists that the imputation theory of tort liability in student's injury accidents should be a combination of common and individual perspective. It proposes a solution to the tort liability in students' injury accident in three levels:Firstly, when the specific torts applies to the principle of no-fault liability which supported by the《Civil Law》and《Tort Liability Act》; Secondly, as the special violations applies to the principle of constructive fault according to《Civil Law》and《Tort Liability Act》; Thirdly, when the violations is a general tort according to《Civil Law》and《Tort Liability Act》The fourth part introduces the basic theory of tort liability and persist to insist the " three constitutive requirements ". On this basis, it proposes the elements of tort liability in students' injury accidents:students suffer personal injury; the Educational institutions' dereliction of duty in education and management; and The causality between the schools' dereliction of duty in education, management, protection responsibilities and the students' personal injury accidentsThe fifth section presents the standpoint of the whole thesis. It consists of three parts, in the first part it discusses the compensation range of students' injury accidents, it considers both property damages and the property damages; both those belonging to statutory damages, but also those who belong to the marginal type of damage. Both have compromised, also including lost interest; Both belong to the statutory damages, who also have belongs to the marginal types damage.In the second part, it discusses the compensation principles and rules on student's personal injury impairment compensation. In this part, the paper persists the first and most important principle is the "full compensation" principle, according to it, it should apply "full compensation" for all kinds of the students'personal injury damages; Then, according to the profit and loss balance and contributory negligence rules to determine the amount of compensation; Finally, adjust the amount of compensation according to the rules of equity.In the third, it discusses the socialization of School's liability in the compensate of student's injury accidents. It introduces the socialized practice in some individual regions in China firstly, and then analyzesscholars' theory of the system of socialization——commercial insurance of school liability system, public benefit school compensation fund system, national compensation system, it also analyzes the merits and defects of those idea. It recognizes that, in the long run, national compensation system is the best choice.Currently, the local government's responsibility to public schools according to "national compensation responsibility" can be realized by strengthening the "sponsor" responsibility indirectly.