A Study For The Campus Injuries On The Minor Student

In recent years,with the frequent occurrence of minor students' campus injuries,the campus security issues have aroused the close attention of the society.The handling of injury accident reflects directly protection degree of minors rights in National legislation.Injury accidents in school,not only violate minors' lawful rights and interests,influence the teaching order and management,but also cause a significant impact on social harmony and stability.The schoolyard injury accidents on minor students have already become the common attention from all sectors of society.In the era of knowledge economy,minors can make more contribution on nation's further development if they get more knowledge and absorb more spirit nutrition.School,as the first place to study,plays important role in this aspect.When the schoolyard injury accident happens,how to handle it properly and ensure school's harmonious provides a solid backing for efficient study and healthyThis paper will combine different sides of the system of laws in our country,use the basis and practice of laws by the aspects of the responsibility of campus injury,the imputation principle of campus injury;exemptions and reduction of the liability of campus injury,liability of campus injury,list cases to explain laws,do the practice reading of legal liabilities about campus injury with the two views of knowledge and practice about laws.In order to better analyze this problem,this paper will analyze the current situation of the minor students' campus injury accidents.From the victim,the place and the scope of the accident,the concept of campus injury accidents,and analysis of the causes of frequent campus injuries,in order to avoid the recurrence of accidents.On this basis,the author believes that the legal relationship between school and minor students comes from educational activities,which is a kind of education and management relationship in the realization of educational teaching activities.This kind of legal relationship has both the nature of educational administrative legal relationship and the nature of civil legal relationship,which is a kind of public power relationship based on education relationship.Before the introduction of “Tort Liability Law”,we do not stipulate 0the principle of liability fixation of campus injury incidents,and only makes a broad provision on judicial interpretation.In accordance with the provisions of “Tort Liability Law”,the principle of the imputation of the tort liability of the school injuries occured on theminor students is the fault liability principle and the presumption of fault liability principle.Different injured subjects and the liability subjects should take the different imputation principles in specific applicatiLon.When the school assumes the tort liability,the students with limited capacity for the civil act apply the fault liability principle,and the students without the capacity for the civil act apply the presumption of fault liability principle.However,there are still many problems in the existing imputation principle.In the implementation process,due to the legal provisions are relatively brief,the existing liability principle exposes a lot of problems.Specifically speaking,the harm subject of the minor student's campus injury accident can be divided into the school and the third person outside the school.Through the case analysis,the composition of the school tort liability in these two cases should usually include: the objective fact that the students are damaged during the school study or life,and the school has fault in the occurrence of the damage.But how to define the school whether there is fault should consider the attention duty of the school,in determining the fault of the school,further analysis of the causal relationship between the school fault and the damage fact,and finally consider whether there is school exemption,reduction of responsibility.However,in these campus injury cases,the law do not make detailed provisions about what circumstances does the school assume responsibility and what responsibility does the school assume In practice,due to the different understanding of the “Tort Liability Law”,the judgement of similar cases is usually different.Based on this situation,this paper puts forward the proposal of legal perfection of minor campus injury accidents: improve the campus security legislation as soon as possible,and detail the content of minor campus injury incidents;improve the student injury accident reporting system,reporting the accidents earlier in order to control earlier;establish the campus compulsory liability insurance system,from the scope of insurance coverage,the scope of insurance liability and so on;establish the minor student campus accident rescue fund to compensate the injured students in time;establish the People's Mediation Committee and the Parent Committee to resolve the accident before the proceeding,to prevent the intensification of contradictions.