Civil Duties Of School Age Students Injury Accident

In recent years, minor students’ injury accidents occur frequently, Based on years of our country executes family planning policy, family and society paid much attention to minors, so that the safety of the minor students attracted wide attention from all over the nation. Civil liability in the minor students injury of school is not only valued by the schools and parents, but also the key to deal with those accident disputes. The existing legal provisions related to student accident is too scattered and fragmented, to receive system applicable in the judicial practice. And such accident compensation relief system has defects such as the lack of funding sources so the hurt students cannot get effective compensation. Therefore, to strengthen the study of school accident responsibility, improve the relevant legal system and relief system to properly solve minor students’ injury accident compensation disputes and strengthen, the legal protection of minor students is of great significance.In this paper, through the use of comparative analysis, systems analysis, research methods and concepts in the representation of the views of domestic in-depth analysis on the basis of commitments and from various ways to discuss the civil liability of the school in the Student Injury Accidents problem.Minor students’ injury accident is underage student injury accidents in school of education teaching activities, education institutions such as the organization’s activities outside, within control in school management or the management responsibility in places and facilities. The legal basis of school to bear the civil liability is educational relationship between school and minor students. The principles of attribution to decide whether school should take responsibility vary respectively for fault-presuming principle, fault principle and supplementary liability principle.Based on the present situation in our country, the minor students’ schools are public schools, which generally have limited ability to make economy compensation. The responsibility of school should be limited within the reasonable range and the allocation of the liability between school and minor students should be balanced. Meanwhile, in order to make the students can get effective compensation, we need to further complete the relevant legislation, establish compensation allocation mechanism and improve the students’ injury accident insurance compensation system to comprehensively improve students’ compensation relief mechanism, so as to maximize the protection of the minor students’ rights and interests.