Supplementary Liability Of School Infringement

"Tort Liability Law" of our country provides a situation that the school and othereducational institutions undertake the supplementary liability in the campus accident whenthe third party caused the students’ injury. The supplement of the impingement liabilitiesas a new form of impingement liabilities solves the difficult problems of the existingliabilities forms in the judicial practice and also reflects the justice of law. Therefore,supplementary liability introduced to the "Tort Liability Law" in the form of legislation is agreat innovation and progress for the legislation of our country, and has been thecommunity’s recognition and praise. However, in a clam way, we also need to treatsupplementary liability, a new form of responsibility, from a comprehensive and objectiveperspective.The relevant theory and practice of the school infringement supplementary liability isan important issue in education management and education legislation. This paper, on thistopic, gives a comprehensive and profound discussion from the theoretical and empiricalpoint.The main content of this paper is divided into four parts:The first part is carding the related jurisprudence of school supplementary liability.This paper lists and analyzes the main viewpoint of academic about the definition and thenature of supplementary liability. At the same time, as the author, I put forward my ownunderstanding and insights on the supplementary responsibility. Then, on the basis of theunderstanding of supplementary liability, this paper makes the corresponding discussion ofschool supplementary liability.The second part describes the elements of the school infringement supplementaryliability through the whole chapter. This paper also elaborately analyzes the controversialparts, for example,“the third part”, the identification of “fault”.The great length of the third part discusses the assumed rules of the schoolinfringement supplementary liability. This part mainly includes the accordance, rules, andscope of school assuming infringement supplementary liability. With a detailed collation and analysis, I get my own view melting into the part of the controversial parts needed tobe clear in the practice.The main content of the fourth part is the school infringement supplementary liabilityin judicial application. The part carries out relevant discuss from three points: theidentification of the defendant, the allocation of the burden of proof and the execution.