Responsibility Of The School In The Campus Damage

With the changes of the times, social development, there is a growing emphasison children’s education, every parent hopes for the children, not just children, a betterlife, but also looking forward to contribute to the country, society. State and society inall its aspects also made positive improvements, the popularization of nine-yearcompulsory education, curriculum reform started. As the cradle of culture andeducation--schools, educational activities especially closely watched. But in recentyears, a series of violence, bodily injury occurred on the campus events occurredfrequently, compensation dispute arising therefrom, have seriously affected the normaleducation and teaching activities in schools. Specific responsibilities should be divided,is the critical issue in the dispute. Do to the nature of the classes correctly judged thatattribution to the principle of reasonable and effective to deal with the emerging issuesin a timely manner, so as to make every effort to achieve the maintenance of thelegitimate rights and interests of students and schools, to normal school education andteaching activities, are of great significance.In this paper ‘violations’ that form into the analysis, reviewed the outcomes ofprevious research in this field and noted deficiencies and concluded: allegedinfringement refers to students in the schools can be controlled within the schoolsystem for their conservation and management obligations personal injury sufferedduring the event.Standing on the injured subject to analysis in terms of, this subject isnecessarily refers to students; From the time of the injury analysis, that injury must beat school for students during conservation and management obligations; From thelocation of the injury analysis, the damage and the injury results in at least one schoolfor students within the scope of regional conservation and management obligations,which was mostly happening on school campuses, sometimes within other regionalorganizations for education in schools; From the perspective of the subjective aspect,the damage caused by the subjective intent of the subject may also be caused by negligence of its behavior, and even actors does not exist occurs-fault accidents;Results from analyses, such damage to students’ bodily injury, is an objective fact. Tostraighten out the concepts we come to this infringement on the parties responsibilityto undertake an analysis of the events, at the same time, this article will be introducedshortly in the tort liability Act the provisions of, and reflection on that liability in tortas well as analysis. For complex campus violations, single imputation is not able tomeet the requirements of the principle of, so in the face of such an event must occurwhen the imputation principles of pluralism.Anyway, to expand the campusaccountability forms of violations, it is impossible to ignore the necessarycompensation to the victims, all of this is a meaningless. Private law remedies againstsuch violations are a number of ways, among them a risk is a shared responsibility forthe school which is the insurance system.This article on campus had an in-depthdiscussion on the feasibility of constructing school liability insurance, in the hope offinding a campus within insurance schemes at the national level and fully safeguard thelegitimate interests of the students and the school’s shall be inviolable.In this paper,firstly, the paper is about meaning, consist and imputation of campustorts. According to the minor students’ injury accidents. It heavily introduced thetypes of campus torts, and Introduced the hardly soloed problem in practice. The aimof the paper is to protect the student lawful rights and normal education order of theschool, standard the practical trials. To solve the problems of the minor students’ injuryaccidents, this paper is composed of seven parts, in the first parts, we discusseddefinition and features of the minor students’ injury accidents. The second partdiscussed the composition of the minor students’ injury accidents. They include thoseaccidents happened within the school-yard and school-managed, school-houses as wellas other living faculties. The third part involves discussion of the principal of dealingwith such school-injured accidents. Firstly the author introduces the legislative systemof the two families of law, then the author brings about the general principal ofdetermining the legal relations of tort law, and puts the legal theory into analyzing thepractice cases. The forth part the author put forward my own ideas of the minorstudents’ injury accidents, how to find balance between safeguard students and parents and ensure schools’ teaching go on wheels. The fifth part is the conclusion, we canimprove legislation,and build a healthy social insurance relief system, and build theschool liability insurance system.