On The Defects Of The School’s Liability Insurance System In China And Its Improvements

In recent years, the harmful accidents in school have been happened often, which is greatharmful to students and parents, impact on the normal teaching order of school seriously, alsobring the unstable factors to the society, and become the focus of people’s attention. It is thepremise of the solution of this problem to understand the legal relationship between schoolsand their students, and which we implement the school’s liability insurance is an importantmethod to solve this problem. However the academic circles have different views on the legalrelation between schools and their students and have different views on the school’s liabilityinsurance; and the current legislation is not clearly, the judicial maneuverability is lack, whichis hard to meet the demands of the era. Therefore, to improve the school’s liability insurancesystem in China is interesting to deal with the injury accident of the campus and protectstudents’ legitimate rights and the normal education order of school, and which is theimportant meaning to realize the social harmony and stability.I begin to write the article from a case firstly, refine and analyze the central issue in thecase, and then expand the school’s liability insurance system. The author has adopted the caseanalysis method, comparative analysis method, empirical analysis method and other methodsto discuss this case and school’s liability insurance system, and strive to perfect the lawsystem of insurance of liability, in order to achieve the purpose of solving campus harmaccident effectively. This paper is divided into three parts, about20000words.In the first part, the author has introduced "the kite hurt case", and summarized the wholecase; then, the author has pointed out the dispute point of the case; finally, the author hasanalyzed these related legal issues on this case, and pointed out that the school’s liabilityinsurance system in China is still confronted with shortcomings.In the second part, the author has summarized the school’s liability insurance systemfirstly; and then combining with this case analyzed the defects of the school’s liabilityinsurance system in our country, it mainly reflects in three aspects that the scope ofinsurance responsibility is narrow, the insurance premium and the insurance amount is too low, insurance claims is difficult.In the third par, the author has put forward some suggestions about the school’s liabilityinsurance system in our country: first, we should revise the relevant laws and regulations todefine the legal relationship and legal responsibilities between schools and their students;Second, we should expand the scope of responsibilities on the school’s liability insurancesystem in our country; Third, we should enhance the liability insurance premium andinsurance amount; Fourth, we should set up the direct lawsuit system of the sufferer; Fifth, weshould improve the related laws and regulations of the school’s liability insurance system inour country.Finally, the author points out that the article has been wrote following the thinking offinding, analyzing and solving the problem. The author wants to protect the weak, realize thefairness and justice, and promote the harmonious development of the society by perfecting theschool’s liability insurance system in China finally.