The Research Of School Imputation Of Primary And Secondary School Students’ Injury Accidents

Primary and secondary school students’ injury accidents not only devour tens ofthousands of students’ health and life, causing irreparable damage to their family, they alsobring about the disputes which caused inevitable problems to the school, which seriouslyaffected the quality of education. It is the main issue to resolve the primary and secondaryinjury accidents that whether the school should take responsibility, as well as take theproportion of the responsibility and which imputation principles they should be applied. Theauthor mainly studies and analyzes the imputation of school in students’injury accidents,which aim to maximize the interests of all parties. In the paper, through defining the relevantconcepts of the students’injury accidents, the connotation of primary and middle schoolstudents’injury accidents would be cleared. And the author also analyzes the characteristicsand classifies the types of students’injury accidents. Based on the results of the questionnaire,current status of primary and secondary injury accidents imputation of schools are analyzed.In the identification of the responsibility of schools, the legal relationship between theschools and students is firstly defined. The school has the responsibility of educating,managing, protecting students. And then the author discusses the imputation principles of thestudents which apply to schools and students. Finally the author establishes the system whichincludes the principle of fault attributed to the general principle, the principle of no-fault thatthe law clearly stipulated, and complemented by the principle of equitable; and the papercarries out a detailed explanation of the elements of the students injuries, and describes it intypical cases. Finally, the author concludes according to the relevant experience and systemsof foreign countries, and puts forward specific legislation of students injuries should beimproved, and responsibility of the school should be socialized, specialized and independentcertification organization of the responsibility should be established, to reduce the burden onschools and assure the interests of students soundly.