On The Educational Institutions Tort Liability In Tort Law Of China

Recent years have witnessed frequent occurrence of students suffering from personal injury at educational institutions. This has not only gravely undermined the legitimate rights and interests of students, but disrupted the normal education and teaching at other educational institutions including schools. Despite this, China's theoretical research in this respect is comparatively lagging behind, coupled with ambiguous existing legal provisions and unclear identification of liabilities, making it difficult for judges to ground themselves on sound legal basis when applying the law.Hence, the judges can be arbitrary when hearing the case of this kind, which can further lead to a number of distinctly different verdicts when similar cases are trialed at different courts. Consequently, the research on the liability for tort of educational institutions is of considerable practical significance. The paper, predicated upon the Tort Liability Law and by means of analyzing the conceptual features of tort by educational institutions and the legal relations between the educational institutions and the students, deduces that the liabilities for education and management serve as the very basis for the educational institutions to assume liabilities. On this premise,the paper, by discussing and studying the doctrine of liability fixation, constitutive requirements, liability assuming, exemptions and other issues, finds out the defects of stipulations for the liability for tort of the educational institutions in China's Tort Law and puts forth advice for improvement so as to both protect the legitimate rights and interests of the victimized students and provide sufficient sound legal ground for the judicial practice in identifying the liabilities of educational institutions and other liability subjects.