On The Protection Of Rights And Interests Of The Minor Students

Teenagers are the future of the motherland and the hope of the nation. In this special community, the vast majority of this group is minor students. It is happened quite often that the educational institution liability disputes due to the legal rights infringed during the minor students study in the educational institution. This paper, taking educational institution liability disputes as a perspective, deliberates how to protect the legal rights and interests of the minor students effectively.What is the kind of legal relationship between educational institution and minor students? What is the legal basis that the educational institution shall assume the tort liability? In this regard, there is not clear provisions in the relevant laws, however, such questions can be frequently found in judicial practice. From the perceptive of the author, the relationship between educational institution and minor students is education and management. If the minor students were infringed in the educational institution, educational institution shall assume the tort liability based on the obligations law set. To this end, this paper discusses the controversial problems in trial practice, such as the legal relationship between educational institution and minor students, the investigation of comparative law of the educational institution’s imputation principle of tort liability, the requisites to constitute educational institutions infringement and other issues. Simultaneously, this paper analysis the educational institution’s liability disputes empirically. In order to set the minor students damage relief system, this paper puts forward the legislative suggestions, expecting to effectively reduce and defuse the educational institution liability disputes, realize the maximum protection of the interests of minor students.