On The School Campus Civil Damage Case

As we all know, since 2010 a major campus for six injury cases, making the campus safety has long been of concern and school accountability is even more heated. For campus security, and even the whole country has become a concern of the CPC Central Committee and State Council attached great importance to social problems. Although, the current laws and regulations of injury problems for the schools have different requirements, preventive measures around have a certain effect, such as with a full-time security, video surveillance equipment installed by the person supervision. However, these measures still can not reduce the anxiety of the community. Needless to say, the law school for the device to properly handle injury cases is an important way to solve the problem. "The Supreme People's Court on the implementation of. PRC Civil Code "number of views on the issue (Trial)", "Student Injury Treatment," "personal injury compensation cases on the trial of certain issues applicable to the interpretation of the law" (hereinafter referred to as " interpretation ") and" People's Republic of Tort Law "and other legal documents have been implemented to some extent makes the arguments of mitigation, but also to clear some theoretical blind spots. However, increasingly subject to infringement of existing legal norms and the complex conflict between the singularity is still confused with the judiciary, in theoretical circles also attracted a lot of controversy. Therefore, the in-depth discussion of relevant legal issues of great theoretical and practical significance.In this paper, empirical analysis, theoretical analysis and logical reasoning and comparative study to explore other methods, trying on "Tort Liability Act" campus incident involving the school responsible for the interpretation of the provisions, so that type of responsibility for the accident on the campus of the comb to break through the practice of the predicament. Besides the introduction and conclusion, the paper is divided into the following four parts.The first part is to ask questions-mainly in the affirmative, "Tort Liability Act" in the definition of school responsibilities, dealing with aspects of campus accident thrust under the premise of legislative issues still exist.The second part is the school for campus accident in theory and practice of civil liability study identified the current situation, put forward the theory and practical problems to solve and try to make their own ideas, mainly through the interpretation of legal documents related to the school and the students discussed the nature of the legal relationship between the school and complement Civil Responsibility for issues such as responsibility, to establish the campus for the following injuries in the school responsible for the theoretical basis of clearing away the obstacles.The third part of the campus through the injury for different types of discrimination cases, and then tease out the common case of the school campus fault damage criterion, the relevant type of case study to find out, "Tort Liability Act" recognized school under the Civil Liability path.The fourth part of the proposed legislation to further complete campus accident compensation mechanism for processing and concrete measures to protect the rights of the parties to the principal balance.