On Damage Compensation System Of Kindergarten Injury Accident In China

In recent years,the sudden upsurge of injury accidents in kindergartens not only caused infringement on children' s lawful rights and interests,but also caused a great impact on the normal teaching order and management order of kindergartens,and even brought bad effects to social stability,which led to soaring injury accidents in kindergartens.Young children in the park are younger,cognitive ability is low,lack of self-protection ability,are no civil capacity of people,the occurrence of kindergarten injury accident,the liability for damages should be borne by who?are kindergartens,parents,or others?If it is the kindergarten bear,what is the theoretical basis for the liability for damages?Why should kindergarten teachers have high duty of care?At present,the legal basis for the treatment of injury accidents in kindergartens in China is the general rules of civil law,tort liability law,compulsory Education law,Protection of Minors Protection Act and the treatment of students' injury accidents,which are not only fragmented system,but also have lower rank,Lead to the judicial practice can not be properly applied,resulting in a different sentence phenomenon.In the event of kindergarten injury,the liability of the kindergarten for damages originates from the high duty of care stipulated by law.Kindergarten teachers have the responsibility of educating children in the park,and to fulfill the obligation of protecting and supervising the children,the lack of ability to distinguish,requiring the kindergarten teachers to have a high duty of care than the teachers of other educational institutions,the teachers should bear the responsibility of damage compensation,At the same time,the more strict imputation principle of fault presumption is adopted,but when there is an accident,the teacher has done his duty of care,and the kindergarten is exempted from the responsibility if the possibility of foresight or avoidance is not foreseen.Therefore,it is of great significance to strengthen the study on the responsibility of kindergarten damage compensation and teachers'duty of care in kindergarten injury accident,to perfect the legislation of kindergarten education and remedy system of damages,and to solve the disputes of kindergarten injury accident and to strengthen the protection of children's lawful rights and interests.Based on the analysis of the theoretical basis of the system of compensation for damages in kindergartens,this paper probes into the degree and scope of the kindergarten teachers' duty of care,lays the groundwork for the responsibility of the kindergarten teachers to bear the damages,and uses the precedents to explain the high duty of care of the kindergarten teacher,and carefully combs the This paper probes into its imputation principle,division of responsibility,fault identification and exemption.Make clear that the kindergarten in the injury accident,bear the responsibility for damages,source due to the law of Safety education,management and protection of the breach of duty.At the end of the article,the author points out that in order to better protect the lawful rights and interests of the children caused by the injury of kindergarten,it is suggested that the relevant laws on kindergarten education should be enacted as soon as possible.Improve the insurance system of kindergarten children injury and the application of law tort and contract concurrence and other perfect suggestions.