On The Infringement Liability Of Minors On Campus

In recent years,the minor students campus tort happened frequently,after the common guardian education agencies appealed to the court a lawsuit,point to the public opinion and social influence,caused widespread concern.The reason lies in the education institutions and legal relationship between minor students not clear,infringement responsibility is not clear.The author thinks that,for the campus education institutions in tort liability and legal guardian responsibility evaluation,is the key to solve the problem of such laws.This article is divided into five parts,the first part through the three groups of minors campus tort field results of a representative case of final appeal verdict,found similar case different phenomenon,vexatious suit of campus tort events,the key problem is the responsibility between the two sides responsibility relationship between fuzzy,tort subject need to bear the responsibility is not clear.The second part of education institutions single infringement cases,discusses legal relationship between education institutions and the minor students,expounds relative theories about relationship between school and minor students,with respect to its validity shall be appropriate to discuss.The author thought that education institutions based education legal relationship,the tort responsibility.And do not have person of civil action competence with limited capacity for civil conduct in two aspects,to explore education institutions as the direct infringer campus tort liability.The third part is the third person in the minors campus tort liability in the case.Focus on infringement on both sides of the minor students are both the infringer and the patentee,guardian is an important special nature of the responsibility of a third person to participate in litigation and imputation,discusses the tort liability law article 32,40,for minors guardians of campus tort liability theory to comb,to the third party to participate in education institutions responsible for longitudinal argument.The fourth part is the domestic legal system about the provisions of the tort liability of minors,comparative analysis of the guardian responsibility form and the responsibility of education institutions,through the present situation of domestic legislation and judicial practice,find the deficiencies in domestic legislation and the judicial.The fifth part to perfect our country education institutions to the guardianship of minors responsibility recommending a little shallow,discussed under the \ "children's best interest principle\" reasonable mediation system,puts forward the introduction of fair liability,a sound system of liability insurance proposal.