| In recent years, the frequency of campus violations and school bus safety incidents make campus security be the focus of attention."Tort Liability Act" was formally implemented on July1,2010, and articles38,39and40of the Act make the corresponding provisions to the campus infringement cases, it has played an active role in guiding the trial about tort cases on campus. Therefore, the correct understanding and application of the provisions of the law, play a decisive role in trialing complex and volatile campus infringement cases in real life.In order to correct understanding and apply the article40of Tort Ability law on added responsibility of school, and put forward some reasonable proposal to perfect the liability insurance system of school, the author according to the facts of the case of campus massacre in Nan Ping, combines the relevant provisions of the legislation in force with academic theories, and makes the added responsibility of school as a starting point to analysis of the controversy focus of the case. Besides, the author also explores the condition that school assumes the added responsibility and the social impact of student injury accidents.The article has three parts except of introduction and conclusion. The first chapter introduces the case and outcome of the trial, and summarizes the focus of controversy, and lays the foundation for the later exposition. The second chapter analysis the three focuses of controversy involving in the case one by one. The author uses the ways of case studies, literature and lesson learned to explain deeply the legal issue involving in those focuses of controversy, and makes the short assessments to the outcome of trial. The third chapter is some thinking that stems from the case. It mainly includes:the response and prevention of student injury accidents, the recommendation to court in trailing similar cases and the proposal of improving the school liability insurance system in our nation. |
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