Responsibility Research School Students Injury Accident

“In recent years, the number of students in primary schools and middle schoolswho died because of abnormal death such as safety accidents, food poisoning,drowning, car accidents, suicides and etc. is above1,6000every year in our country.This means that more than40students each day is disappearing which is as much as aclass.” Frequent accidents on students have caused concern of the whole society. Itdoes not only bring significant difficulties to the schools teaching, but also bringssuffering and pain which cannot be made up for to the families. Students’ injury andaccidents harm the harmony and development of the society. As a result, how toprevent and solve these kinds of cases properly has raise the concern and research oflegal and education field.Before the promulgation of “Tort Liability Law”, we don’t have a specific law toregulate the liability principle which leads to theoretical confusion during the legalpractice. The Tort Liability Law comes on stage to make up for the defects. In clause38,39and40, there are new imputation principles especially for the students’accidents. However, how to operate and improve these regulations in a better way isstill a topic worth of thinking.This paper attempts to go through the relationships between schools and studentsby literature review and case study in order to research the imputation principle theschools should use and their responsibilities in an accident. In this way, victims canobtain their rights and get subsidiaries. Finally, we will come up with thecountermeasures of imputation principles to improve the fairness of the court’sjudgement of these kinds of cases, and hence improve the teaching and managementof schools, and strength the protection on students.The structure of the paper is as follow:The first part brings out the problem from an injury case of a primary schoolstudent in Shanghai during the sports class which including the details of the case, thecourt’s judgement and the corresponding analysis of the social dispute.The second part mainly spreads from the perspective of theories, respectively from the definition of accidents of primary and middle school students and the legalrelation between school and students to explore the imputation principle of campusaccidents.The third part is the improvement of imputation principle of primary and middleschool student’s campus accidents in regarding of the problems being brought upabove including building multistage system of students’ responsibility and ability,establishing the status of fair rule, strength the legal protection of hidden students’accidents and so on.