The School Responsibility Campus Injury Case Study

From a brand new perspective, the author, using the knowledge of law, education, school management and the research methods of sociology, forms his unique insights by analyzing and evaluating the current judicial practice of China’s academic community on infringement on the campus. This paper composes of four chapters for analysis.Chapter one:the definition of the basic elements in the minor student campus injury casesAs the fundamental part of the whole paper, this chapter defines the main elements of the minor student injuries, elaborates on the relationship between the infringer and the responsible persons, analyses the particularity of the dominant position of school, outlines the basic features of campus injury cases, the legal application and the value of special provisions and thus foreshadows the analysis of the following legal issues.Chapter two:the legal analysis of minor student campus injury in case of tort liabilityAnalyzing the relationship between students and schools, the author is in favor of the claims of the education management and protection instead of the relatively influential entrust monitoring and contractual relations claims. By analyzing the change of the liability fixation principle after the implementation of "Tort Liability Act" and making a comparison inspection on different countries and regions imputation principles, the author takes a clear-cut stand in support of tort liability.Chapter three:the judicial review and analysis of the school responsibility identification in case of minor student campus injuryIn this section, whether the school management responsibility is taken in case of campus injury is first analyzed and summarized, several criteria as to the implementation of the management suggested. Taking sports injury as an example, the author analyses the tort liability in some special events, the origin, the concept and the characteristics of the additional liability. Also, referring to the campus injury accident itself, the author analyses the basic rules of school taking additional liability and proposes the additional liability fact judgment standard. Chapter four:rethinking of the tort liability of minor student campus injury cases and related problemsThe author in this part proposes legislation and recommends building campus damage relief system. The risk-sharing mechanism of mandatory school tort liability insurance should be established, the law of tort and the social security system be integrated so as to fully protect the lawful rights and interests of the students and thus maintain normal teaching order.