Research On The School Supplementary Responsibility Of The Third Person Infringement

Campus security has been the question with the social developing.These situation which will be happenning frequently cause the anxiety of students' parents.At the same time,the connotation of school supplement responsibility have rich and refined with the cases changing.In recent years," These situation which will be happenning frequently cause the anxiety of students' parents.In 2010,our country promulgate the tort liability law that stipulates the different situation about campus infringement cases.It is important that the judge deal with the kind of cases.The law's article 40 stipulates the situation that the third person infringes the students clearly,which all education institutions have to undertake replenishment responsibility.However,we haven't learn the provious experience due to the first stipulation of own.So the scholars have many disputes such as " during the period of school,the cognizance of the fault and apply the concept of supplementary liability but is still essentially the responsibility or joint and several liability.The supplementary responsibility of the school still need further study and research,and this article through the case of summing up existing in the judicial practice of related disputes,analyzes and makes "the third person infringement cases school added responsibility to be clear,and puts forward to" the third person infringement case school supplementary liability "judicial applicable Suggestions,such as" the third person infringement cases school infringement added responsibility theory on the basis of clear school compensation scope,etc.Finally,based on the reality of considering give full play to the school's role in society,education institutions,such as to the school teaching work more smoothly,by using case study method,the method of literature study,value analysis method,economic theory analysis method to seek the optimal solution in the case of "the third person infringement case the responsibility of the school dispersed as improving students' injury insurance system.To a certain extent,this make the students get damage compensation,soothe the mood of students' parents,as well as school students,really play the role as a school education teaching.