Legal Consideration On School Bus Accident Of China

In recent years, frequent school bus accident caused a bad influence on society, has become the focus of attention of the society. In this regard, in March28,2012China promulgated and implemented’The School Bus Safety Management Regulations’, to standardize the school bus operation and a series of problem management, which can reduce the accident rate and the number of injured students. Because the short and fast speed,’The School Bus Safety Management Regulations have many contents lack of involved, there is an obvious loophole.Because of lack of the clear standards, the results of the treatment and the compensation are not exactly the same in the national school bus accident.’The School Bus Safety Management Regulations’ lacks of the rules which can identify the subject of liability for compensation as stipulated in principle and the sources of the school bus accident compensation. Which causes many dissatisfactions in the specific operation. The departments which deal with this problem also feel confused. Therefore, the establishment of the main responsibility of the school bus accident and the compensation subject of school bus accident is more important. The establishment can provide a clear compensation scale for law enforcement, which can carry out their responsibility principle, to protect students and other damages the legitimate rights and interests.’The School Bus Safety Management Regulations’in China which carries out urgently is to protect the life safety of the students who riding school buses.Analyzing the problems existed in Chinese legal regulation on school bus accident with literature and specific cases. There are many reasons for the frequent school bus accident. Because of the particularity victims, students, this bound to a lot of departments that caused many complex relationships. We have to establishes the main responsibility of the school bus accident, which can help us to find a clear skeleton. Because of the particularity victims, schools become the target. The’Education Law’give us the clear rules that show the school funding provisions. The school will not state funding for civil compensation liability. Because some responsibility of school buses accidents are not belonged to school, so explicit school bus accident responsibility is the necessary requirement of the legal fairness. The school bus as the public transports and public goods that established the responsibility of the government. Government should increase the school’s fiscal revenue and strict regulations of school bus production quality standards. In addition, the direct responsibility of school bus accidents must take the responsible. The multi-party liability has been fund in the school bus accident can reduce the painful of the injured students and their families. Insurance companies should also be the subject of liability for the school bus accident, which have to increase the bus insurance that becomes kind of legal liability insurance. That as the injured students can enjoy more extensive rights to protect their personal and property safety, which should strengthen the victim of a third party. The victim of a third party is entitled independent existence of the direct claim which the third can claim to the insurance company. It can better compensate for motor vehicle compulsory insurance blind legacy liability insurance system that protects the injured students get the basic treatment timely. This increasing can improve the legislative system of China’s bus system.Go through the regulation in our country for the school bus accident, we fund that there lacks the school bus accident specific detailed compensation standards. These regulations also lack of the method of deal with the timely and effective compensation that used to comfort the victims of students and their families. However, only the main responsibility for compensation now cannot meet the high costs of compensation, that the established a school bus accident compensation allocation system becomes necessary. This makes the perfecting system of responsibility for school bus accident becomes more important.The school bus accident involving a lot of things, but ’The School Bus Safety Management Regulations’in practice is limited. This paper proposed our country school bus accident law thinking with descriptions of legislation of school bus accident in China and the systematic study of the relevant legal system.