Research On The Tort Liability Of The Campus Corporal Punishment In The Compulsory Education Stage

Schools should be places of noble holiness to cultivate talents. But in recent years, China has repeated kinds of campus punishment events, even showing incremental momentum, this has caused the widespread concern of the whole society incremental momentum. At present, children in our country shows the trend of declining birthrate, the whom were dote on others that was regarded as the apple of the eye in the family, corporal punishment events makes students personality right be trampled, some students even lost their short life.It is a disaster to a family, also make the parents and formed the intense conflict between parents schools and teachers. It is difficult to conduct the teaching activities for school, and also brings a lot of disharmonious factors to the society.The corporal punishment right infringement has particularity and complexity. For campus corporal punishment by teacher whom known as the "engineers of human souls" The object of infringement is a minor student. Several aspects have the particularity. Unequal status between teachers and students are also obviously, student age is small, also have not his Parents’ guardianship, it is difficult to protect themselves. So, the justice department for solving the problem of corporal punishment always meet a lot of confusion to use Tort Liability law, it is difficult to form of schools, teachers, parents and satisfaction judgment, for their own work brought great pressure.In order to reduce the punishment events, to protect the student’s personality right, also facilitate the judicial, education department handle corporal punishment cases, this article attempts to study from the perspective of the Tort Liability Law, use interpretation method to accurately define the concept of corporal punishment, the difference between corporal punishment and punishment; Using the comparison method, detailed discusses the various types of legal relationship, all advantage and disadvantage of imputation; Through case analysis, reveals the actual situation of students’ personality right is being violated; Through the literature method, understand the current research of corporal punishment is not enough, also obtained enough theoretical sources for this article.First of all, in this article, the accurate interpretation of the concept of corporal punishment, make clear the legal relationship between primary and secondary school students is the fist question. This part conclusion is different legal relations theory will produce different legal liability, the legal relationship between the primary and secondary schools and students should be education legal relationship, only can apply this kind of legal relations with the paper together of tort liability, other legal relationships there are shortcomings.Secondly, the paper discusses the components of corporal punishment infringement and the principle of imputation, what behavior can be defined as corporal punishment, the difference between corporal punishment and reasonable punishment, how to imputation if student’s personality right is being violated, and apply what imputation principle to solve the problem of corporal punishment is more fair. In this article, after comparing thinks, principle of presumption of fault liability and fault are the most suitable imputation principle, fair principle and no-fault principle all have obvious flaws, corporal punishment behavior mainly affects the student’s general personality right and the concrete personality right, corporal punishment and Discipline are different in terms of subjective and objective.Finally, this paper gives an example to analyze the types of tort liability, the responsibility of the main body, the way to bear the responsibility of the situation and the existence of the relevant issues. The last part summarizes the three types of responsibility, that should by the school to assume tort liability but schools are entitled to recourse to the conclusion. These conclusions should handle cases of corporal punishment in judicial department and the Department of education will bring a lot of convenience.