A Study On The Civil Liability For Compensation Of The Campus Accidents On The Underage Students

After the harmful school accidents occurred on the underage students, the important and the difficult part is to identify and assume the civil liability for compensation caused by the accidents. For a long time, the interpretation of our legal and judicial hasn’t stipulated clearly on this, which always facing the confusion on the application of law during the treatment. Our "Tort Liability Act" stipulates that the civil liability for compensation of the underage students get injury when they study and live at school. During the implementation process, the phenomenon about the same case with different judges sometimes happens, which due to the simple provision of the law, the different understanding of the clause and the legal quote of the different clauses. Strengthening the study on the civil liability for compensation of the school accidents occurred on the underage students has important theoretical and practical significance for grasping the spirit of legislation accurately, dealing with the dispute correctly, protecting the legitimate rights and interests of the underage students and maintaining the normal order of teaching.The school accidents occurred on the underage students are the personal injury accidents when the underage students are at schools. Comparing with the general sense of the tort accidents, the school accidents occurred on the underage students have its own characteristics on subject, victim, place, time and the behavior. Depending on the difference of the body causing the damage accidents, the school accidents occurred on the underage students can be divided into three kinds:damage accidents caused by school, the damage accidents caused by the underage students and their guardians and the damage accidents caused by the third part.The legal relationship between the school and the underage student originates the educational activities. It is a special legal relationship of education which comes from the realization of educational activities. This legal relationship, not only has the nature of the legal relationship of the educational administration, but also has nature of the civil legal relationship, which is an independent and comprehensive legal relationship. The school accidents occurred on the underage students include three kinds:damage accidents caused by school, the damage accidents caused by the underage students and their guardians and the damage accidents caused by the third part, which causing the nature of the civil liability for compensation should be identified as the tort liability.In accordance with the provisions of "Tort Liability Act", the principle of the imputation of the tort liability of the school accidents occurred on the underage students is the fault liability principle and the no-fault liability principle. Different injured subjects and the liability subjects should take the different imputation principles in specific application. When the school assumes the tort liability, the students with limited capacity for the civil act apply the fault liability principle, and the students without the capacity for the civil act apply the presumption of fault liability principle.The subject of the civil compensation’s liability of the school accidents occurred on the underage students has three types:school liability, guardian liability and the third party liability. After the school accidents occurred on the underage students. The main subject of the liability assumes the scope of civil compensation’s liability, including the physical damage compensation and the moral damage compensation. Leading into the system of the students liability insurance that is for protecting the interests of the injured students adequately and reducing the economic burden of the schools in view of the frequently-occurring schools accidents occurred on the underage students and the non-profit schools. Combining with some areas of our country to carry out this insurance status should be refined and perfected on funds guarantee, insurance way, coverage, the range of the insurance liability and other aspects.