Study On Legal Issues About Compensation Of The Primary And Secondary Schools’ Campus Injury Accidents

In recent years, the campus injury accidents happened frequently in primary and secondary schools all over the country. The personal safety of students and the compensation issues caused by the campus injury accidents have become the hot topic in education field and been focused on by all sectors of society. In order to the solve compensation issues of campus injury accidents, this thesis will study from the following five aspects:the definition of the primary and secondary schools’campus injury accidents, the legal basis for the responsibilities of campus injury accidents undertaken by primary and secondary schools, the imputation principle of the primary and secondary schools’campus injury accidents, the composition of the tort liability of the primary and secondary schools’campus injury accidents, the undertaking and scattering of tort liability of the primary and secondary schools’campus injury accidents.The first part states the domestic scholars’main idea about campus injury accidents firstly. Then, the thesis gives a scientific and comprehensive definition by defining the range of student, school, time and space, and damage.The second part discusses the various theories of academia about the legal relationship between student and school. The thesis considers that the relationship between student and school is a kind of legal relationship of education which absorbs the reasonable parts of other theories and is more scientific and reasonable.The third part presents the imputation principle suited campus injury accidents of the primary and secondary schools by analyzing different views about system of imputation principle. Then, the thesis studies imputation principle suited campus injury accidents of the primary and secondary schools from three imputation principles including the principle of liability for fault, the principle of presumption of fault and the principle without fault, and combines the related laws and regulations and court cases referred to the campus injury accidents.The fourth part studies the composition of the tort liability of the primary and secondary schools’campus injury accidents by simple stating the tort liability. It includes real personal injury, the school’s fault, and the students’personal injury partly or all caused by the school’s fault. Once satisfied the above three conditions, the accident can be regard as the campus injury accident, and the school needs to bear the compensation responsibility.The fifth part firstly discusses the full liability and the supplementary liability that the primary and secondary school should undertake, and the related grounds for exemption. Then, the thesis presents its own view that establish special compensation fund to solve compensation dilemma of campus injury accident. The special compensation fund has no restrictions on compensation amount and range of personal damage, can save education fund greatly, guarantee the primary and secondary students’ legal interest fully, remove the worry of the school completely, and will become an effective way to resolve the campus injury accidents.