Study On Civil Liability Of School Students In Primary And Secondary Schools

Students' injury accident of high casualty rate has become a major threat to minor student life and health.The personal injury accidents not only brought misfortune to students and their families,to a great extent,also affect the school normal education teaching order.Although there have some deal with primary and secondary school safety accidents related laws and judicial interpretations,but due to its terms and conditions of the principle,fuzzy,also contributed to the understanding of such cases in the judicial practice and the specific treatment is controversial.Therefore,prompted the education,legal science researchers to think and explore,to maintain good education teaching management order,strengthen the protection of rights and interests of the minor students is of great significance.In this paper,using literature analysis,comparative research,case analysis,from the perspective of jurisprudence,combining previous research results,combined with the specific case,to the common problems of students' injury accident,and the causes of these common problems do some analysis and discussion,in order to students' injury accident disputes properly handle with the reference to the relevant legislation and system,and better maintenance of students,schools,teachers,parents,etc.The interests of all parties.At the same time draw lessons from foreign experience in legislation and practice,put forward the perfect our country school students' injury accident responsibility identification system suggestion.This paper discusses the connotation and characteristics of primary and middle school students' injury accident,summarizes our country present stage of primary and secondary schools is a common problem that students' injury accident,such as: weak accident both sides main body law concepts,often one-sided public opinion support parents,school student injury accident Ann problems when isolated,school students' injury accident problems most choose to solve the problem,education funds abuse and so on.This paper also analyzes and finds the causes of common problems in the identification of student injury accidents in primary and secondary schools.Are many causes of these problems,first of all relevant legal system is not sound,secondly the public sympathy for the weak,and ignored the investigated,the main responsibility for other accrediting agencies lack of independence and authority of professional liability and generalization,school safety accident aspect of school liability insurance system is not perfect and so on.Finally,the author combined with the developed countries deal with related theory and system of students' injury accident,put forward the Suggestions of perfecting our country's system of primary and middle school students' injury accident related,such as: build and perfect system of students' injury accident responsibility legal system,government and the administrative department of education in students' injury accident responsibility,draw lessons from Anglo-American law system of "rational man" standard fault,that school specialized students' injury accident responsibility identification mechanism,feasibility,build system of school liability insurance,to realize the socialization of the liability of the school,strengthen the media self-discipline,give full play to its positive role.