Empirical Studies Primary And Secondary Infringement Liability

Recently the student injury accidents and deal with increasingly become a hot issue of social concern.The occurrence of such incidents, not only to the students and their parents to bring misery and suffering caused confusion and anxiety, but also to the administrative departments of education, schools and teachers.In this paper, the judicial practice, underage students and the school’s legal relationship to the minor students the nature of the personal injury liability, responsibility principle, plain indolence in school injury accident analysis and discussion.And benefit the school incident handling and future legislation.The Tord Liability Law take the presumption of fault Liability principle, no capacity for civil conduct that minors under the age of10in the school infringement, legal first presumption that the school is at fault, the school wants exemption, must bear proofown best education, management responsibilities burden of proof with respect to the the student party bears the burden of proof, the burden of proof is heavier. From the legislative intent, the value orientation of legislators tend to be a party to the protection of victims.This paper can be divided into four parts.The first part is liability under the principle of the primary and secondary infringement analysis includes two aspects, one is the identification of the responsible school students failed to fulfill its educational management, management responsibilities. On the other hand, from the case about the rationality for fault liability.The second part is Highlights the primary and secondary fault of the students assume the tort liability judgments. Including foreign judgments experience and enlightenment with our primary and secondary schools fault the fault of the students assume the tort liability judgment.The third part is.Primary and secondary schools and guardians of their responsibilities with the specific nature and status of primary and secondary schools and guardians responsibility in the mixed fault With the parties under the circumstances to assume responsibility by shares, bear the primary responsibility for the situation in schools, schools bear the corresponding responsibility.The fourth part is Third person encroaches on the additional responsibility of primary and secondary students, including primary and secondary to undertake supplementary liability basis, assume the nature of the supplementary liability in primary and secondary schools, primary and secondary bear supplement the responsibility to determine the three aspects.