The Study Of School Civil Liability On The Student Injury Accidents

In recent years, with the continuous expansion of the size of school, Students and the school to court is very common. So, the study of schools’civil responsibility on the students’injury accidents is very important.In this text, I will study it according to the following aspects. Chapter one, I study the concept classification、situation current legislation of Students’ Injury Accidents. Chapter two, firstly, the relationship that was defined between the student and the school is Education and management relationship. Secondly, the ordinary school’s duty of care and the private boarding Schools guardians obligations is the basic of schools civil liability;Thirdly,I believe Students’ Injury accident principles of attribution is the general principle of fault to the basis,in special conditions apply the principle of presumption of fault and No-fault liability principle.Chapter three, I elaborate three defects in our law,firstly, Tort liability act confuse the students capacity and Schools Accountability capacity;secondly, The specific scope of the duty of care of school is unclear,there is no objective identified standards;thirdly, the school supplement responsibility is not clear. Chapter four, firstly,I cut off the relationship between the students capacity and schools accountability capacity, at the same time, I further refinement The imputation principle;secondly, I determine the specific scope of schools the duty of care by the principle of unity of subjective and objective. Thirdly, it’s necesarry for the Added responsibility to be exit, and how to apply Limited additional responsibility and full complement responsibility in schools.