The Responsibility Of The School In The Campus Damage

"When I see a report of accident, I will feel a burst of heartache." Comrade Li Lanqing says in his interview record.It explains the high attention of the leaders to the minor campus damage events.But it is a pity that the events is increasing year by year,not only hurt the order of the social, but also destroy the tranquility of the school. The accidents occur everyday. if they can be managed well, the prestige of the school will be respected, and the legal rights of the students will be protected,and the society of legal faith will be established gradually; If not,Everything will be opposite.At Present,for infringement of the relevant research schools, a minority, but there are object of study, title, scope, responsibilities, etc. Of the confusion, this paper, an unified "campus tort" of this title start with an overview of Previous studies, a reasonable portion of the results and shortcomings, obtained:Campus tort refers to the commitment to students in schools of education, management and protection responsibilities of personal injuries suffered during the incident. From the injured subject, it is essential that students; From time to read, their victimization or injury results must have one or simultaneously in the school responsibility for students of education, management, guidance, protection duties during the period; From location to see, their victimization or injury results must have one or the simultaneous responsibility for students in the school education, management, guidance, and protection within the geographical scope of duties generally occurred within the school, and it will occur in the school activities of the organization the premises; From a subjective perspective, it can be a result of intentional initiation, can also be caused due to negligence, but also there is no fault party in an accident; From the results of view, it is will inevitably lead to the fact that the students personal injury.Based on the concept in the clear to determine the parties on campus Tort Liability of Principle, and according to newly Published article,"tort Liability Act" in the relevant provisions of the responsibility of the school were thinking and analysis. Clearly attributable to a single principle can not resolve very complex and diverse campus violations, thus inevitably lead to diversification of Tort Liability of the campus. Liability in any ease to discuss the campus’s commitment to the ultimate end result can not ignore the interests of financial compensation to victims or on fulfillment of obligations. The private law school tort relief in one way through the insurance system of the school community share responsibility for. At present, some regions have introduced and implemented the local nature of the insurance scheme, this paper investigates the feasibility of building the school liability insurance and specific programs to be emerging from the study of insurance across the country for ways to make the legitimate interests of the students are effective protection.In this paper,firstly, the paper is about meaning, consist and imputation of campus torts, According to the minor students’injury accidents, It heavily introduced the types of campus torts, and Introduced the hardly soloed problem in practice, The aim of the paper is to protect the student lawful rights and normal education order of the school, standard the practical trials. To solve the problems of the minor students’injury accidents, this paper is composed of seven parts, in the first parts, we discussed definition and features of the minor students’injury accidents. The second part discussed the composition of the minor students’injury accidents, They include those accidents happened within the school-yard and school-managed, school-houses as well as other living faculties. The third part involves discussion of the principal of dealing with such school-injured accidents. Firstly the author introduces the legislative system of the two families of law, then the author brings about the general principal of determining the legal relations of tort law, and puts the legal theory into analyzing the practice cases. The forth part the author put forward my own ideas of the minor students’injury accidents. how to find balance between safeguard students and parents and ensure schools’teaching go on wheels. The fifth part is the conclusion. we can improve legislation,and build a healthy social insurance relief system, and build the school liability insurance system, and establish the dispute resolution system.