Civil Duties Of School Students' Injury Accidents

How to deal with the issues of personal injury accidents in recent years hasbecome a hot discussion in the field of education. Media have reported many schoolstudent’s injury events,such as the Fujian Nanping Experiment Elementary schoolcampus injury event, Guangdong Zhanjiang Lei Cheng the First Elementary schoolcampus injury event, the Jiangsu Taixing city Taixing town center kindergartencampus injury event and so on. The appearance of these questions reflects manycontradictory and the confusion of prevention and treatment in the case of studentshurt, which has aroused the social widespread interest from all walks of life.WhetherSchools should accept legal responsibility and obey what principle is the key tosolve student injury accidents. However, the present law is too simple in the schoolresponsibility stipulation, by the principle form appearance, and lack of actualoperational responsibility for schools, scholars of this awareness is also acontroversial issue, and increase the handling of student injury problems. Thereforeit is significant for us to study the legal responsibilities of school in students injuryincident,to deal with the student injury compensation disputes, protect the legitimaterights and interests of students, maintain normal teaching order.In short, because of our shortcoming of the relevant legislation, the theorycontinues to be insufficient, it is necessary to study the system of liability for injuryaccidents. This article is divided into three parts:The first part clearly defines the legal relationship of school’s civil liabilityin accidents, clears the connotation and types of injuries, and explores the nature ofthe legal relationship between the school and students. On the basis of the specificanalysis of many domestic theoretical circles, it illustrates the author’s point, clearsrelationships between the school and students in Student Injury Accidents, that iseducation, management, protection,which lay the foundation for the followingfurther analysis of the legal responsibility of school.The second part analyses the legal liability of school in the Student InjuryAccidents. First of all, it clears theoretical basis of civil liability, for school, and simply clarifies fundamental philosophy of the Imputation Principle and gives aspecific analysis of the imputation principle inStudent Injury Accident according todifferent types of schools based on their different duty of care to determine theirrespective fault size,and gives a a specific analysis on school’s civil liability fromtheir supplenentary responsibility and liability, vicarious liability, exemption.The third part put forward feasible suggestions of the handling of studentsinjury. First, to further improve the Student’s Injury Accident legislation, streamlinethe order of application of the various laws and regulations, expand the protectedareas, establish a Student Injury Accidents intermediary and improve the efficiencyof handling Students’ Injury Accident problem,establish the school liability insurancesystem, spread the risk,and resolve the adverse consequences of accidents in adiversified way.