The Compensation Of Campus Accidents Occurring In Primary And Secondary Schools

Campus accidents frequently occurred in China’s primary andsecondary schools over the past few years. The accidents haveposed a serious threat to the life security of students of theprimary and secondary schools. According to the relevant data,tens of thousands of students of the primary and secondaryschool prematurely died every year due to accidents. There aremore students suffering various injuries, even permanentdisability, which causes the extremely bad social impact.Therefore, campus accidents with the feature of uncertaintycannot be completely avoided, and have draw attention of theschool, family and society and become the hot spot issue. Thispaper intends to combine theoretical research and case studyto do some useful discussion on the compensation issues relatedto accidents occurring in China’s primary and secondaryschools, make the focus on the China’s effective laws andregulations, and put forward feasible suggestions to solve thisissues relating to the further development of education andsociety by learning from sound legal system of the compensationof the campus accidents in Western developed countries.The first part of this paper, in the perspective of the ariseof the issues, the meaning of the topic selection and researchmethods, advance the point of view that it is practicallysignificant to properly handle compensation issues of thecampus accidents by law, to reduce the negative impact of thecampus accidents on the school order, and to actually safeguard the lawful rights and interests of schools, teachers andstudents. The second part of this paper adopt the comparativestudy method to analysis the masseurs dealing with the campusaccidents which are taken in the United States, Germany andJapan in order to give some hints to the further improvementand development of the China’s current compensation systemconcerning the campus accidents. The third part of this paper,in the perspective of verification of the responsibility, makea detailed classification of the principles which are providedin the China’s civil law and adopted in the judicial practicewhile dealing with campus incidents,and make sure of the fairand reasonable handling of the campus accidents in China. Thefourth part of this paper expound the issue of the compensationof campus accidents from such perspectives as the legalrelations of the parties concerned in the accidents, theconditions of undertaking the responsibility of compensation,the limit of compensation, as well as the terms and methods ofpayment of compensation. The fifth part of this paper discusson the issue that schools undertake the responsibility ofcompensation of campus accidents or not and make case study ofthe reasonably handling of campus accidents. The sixth part ofthis paper put forward the feasible suggestions from thefollowing perspectives: reasonably handling the accidents intime, making full use of insurance indemnity, and establishingof a compensation mechanism and the safety system for thestudents of primary and secondary schools.