Case Analysis Of Minor School Campus Injury Cases Of School Responsibility

In recent years, disputes regarding compensation of person damage between schools and students increase steadily owing to being frequent students injures case.School is a specific place of learning to communicate culture and an important place for students to acquire knowledge values and establish the habits. But now we find that schools,used to be in perfect order, are full of inharmonious note everywhere. The teaching order is severely affected by the inharmonious note. After the accident of minor student injuries on campus, if you wanted to identify the responsibility of school, you must affirm the legal relationship between school and minor students, define the criterion of liability and judge whether school takes the considerable care duty.The case happened in1999. Although the case has passed many years, when we look through the case, it had more influence. After the trial of the case, judgment came into effect. In2000, the school, the defendant of the trial, submitted the case to the National People’s congress to supervise the case for the original decision on that fact is not cleaf.and require the court to a retrial.After the retrial, the court changed the original judgment. The defendant is dissatisfied and then appel to the intermediate court. After the second trial, the intermediate court made the same judgement with the trial court.As the years went by, the author occasionally read in the newspaper, the network the occurrence of the related cases and cmmments on similar cases, but those comments were quite different. Additionally, on the basis of legal knowledge accumulated through constant learning and exploration, today the case is mentioned again to make an analysis of and think over the case in terms of judicial practice and legislation study in order to make myself deepen understanding and application and give the readers a hand when they encounter such cases in the future after reading the paper.The paper is composed by four chapters:As regards chapter one, the author will introduce the basic fact of the case and and agutnents of the parties concerned and focus of controvery and put forth some issues.In the chapter two, the author will introduce the issues in relation to the case. The relationship between school and minor students is a kind of special and legal relationship for education, not for wardship.School should take differet kinds of considerable care duty according to minor students. School should take liability which is proportionate to its fanlt.Concerning the chapter three, the author will discuss on the constitution of the campus civil liability of personal injury cases. Campus injury cases in this paper are caused by the problems and dangers of schoolhouse, teaching appliances and so on. Harm behavior, damage to the facts, the causal relationship between the harm behavior and damage to the facts and the fault are main four parts to identify school responsibilities.In the last chapter, the author will analyse whether the fair principle is applicable to campus injury cases and the difference between Minors Injury cases and Adults Injury cases.In order to protect interests of the students, social and commercial insurance should be improved. Owing to the frequency of school injury, whether it should enact a system of the Campus Security Act.Through the analysis of related issues in the case and pointing out incorrect during the process of the case, the author will hope that the judicial authority are able to handle the similar case in a fair and just manner in the future judicial practice, the relevant departments improve and perfect concerning legislation, the school strengthens the campus safety system construction, with the view to offering a help to the judicial authority, society and school in the purpose of handling and preventing the related case.