The Study On The School Civil Liability Of The Campus Injury Of Primary And Middle School Students

In recent years, with the changes of the social life and the economic situation, the campus injury accidents have happened frequently in primary and secondary school students in school. Influenced by the low birth rate, it is rather complicated for schools and the relevant departments to handle such problems.This paper starts from the constituent elements of the campus injury accidents and determine the scope of it from time, space, the main part and the responsibilities respectively. This makes clear a basic premise for the school to bear the liability of compensation. Meanwhile, focus on the subject of liability-school, and analyze the types of the schoolyard injury accidents in detail, including the school liability accidents, not the school liability accidents and the school liability exemption accidents. So after the campus injury accidents, we can quickly clarify the liability among schools, students,(parents) and the third person.Personal injury compensation is the biggest problem to deal with the campus injury accidents. To deal with this problem, the first is to find the nature of the legal relationship between schools and students. There is a big debate on this issue in theory, mainly includes guardianship said, contractual relationship said, administrative relationship said, dual relations said,etc. The second part of this paper carries on deep discussion and analysis on these issues. On the one hand, it affirms the reasonable aspects of these viewpoints, but on the other hand, it also points out its existing problems and the insufficiency, and then demonstrates that it’s a kind of interdisciplinary education legal relationship between schools and students. Broadly speaking, students and schools are adjusted by the education law and other laws in the nature of public rights. But in the event of compensation for damages, it applies to private laws, such as civil law, tort law, etc. instead of the administrative compensation law.Starting from this legal relationship, the third part of this paper establishes the imputation principle of campus injury accidents. Combining with the existing legislation and judicial practice and balancing the interests of schools and students, it establishes the principles of fault, the fault presumption principle of imputationprinciple, the principle of fair use under certain conditions and denies the most controversial no-fault liability imputation principle. And on this basis, it discusses the different compensation standard and scope of imputation principle, especially under the principle of fair, compensation should be appropriate and mental injury compensation is not in the scope of compensation and cannot be mechanically divided into two according to the total compensation. At the same time, this part carries on a certain discussion on the meaning of "compensation responsibility" in tort liability law and proposes the scope and implementation of the method of "compensation responsibility" and "right of recourse".The best way to solve the campus injury accidents is to perfect the legislation and relief system. The fourth part of this paper proposes my own view from two aspects:laws and institutions.The perfect legislation can effectively prevent the happening of the campus injury accidents. At this stage, we should create The campus safety regulations and unify the existing legal system. Besides, legislation should pay attention to the law of maneuverability, avoid scattered education legislation and the common fault of the general. In terms of dispute resolution mechanism, we should attach great importance to the mediation and determine several patterns of mediation, at the same time, try to establish education arbitration system sequentially, which includes the campus injury accidents. In the aspect of compensation, we should combine insurance with campus injury special fund organically to make compensation socialization and help the aggrieved students get reasonable compensation in time, so it can resolve the contradiction between schools and students effectively.