| In recent years,child abuse incidents in kindergartens have been frequent,but they have been repeatedly banned.It not only causes great harm to children's physical and mental health,but also interrogates the frequent causes of child abuse,including the imbalance of preschool education environment,the lack of government regulation,and the low moral quality of teachers,the underlying reason is that the law is not in place to regulate child abuse.Although the issue of punishment nine let child abuse behavior have rules and regulations in criminal law,but the child's age and determine their physical and mental characteristics of kindergarten,shall be protected by special tort liability law,pay attention to the compensation relief function under the condition of the lack of legislation of preschool education,should further take responsibility is the escort children's personal rights and interests.To reduce the incidence of child abuse,protect the personal rights and interests of young children from infringement,as well as the judicial departments,the education sector and the social and parents identify and deal with the kindergarten child abuse provide complete and clear legal basis,straighten out the kindergarten child abuse of tort liability,this article according to the general civil law,the tort liability law and other laws and regulations,and combined with the civil tort liability(draft)"(August 17,2018,the chairman of the meeting version),the definition of the kindergarten child abuse,the principle of liability fixation,constitutive requirements,scope of compensation and responsibility,and so on has carried on the research and analysis,In the process of analysis and discussion,the author strives to clarify the tort liability of kindergartens in child abuse incidents,and puts forward some Suggestions that are conducive to the protection of children's rights and the prevention of child abuse in kindergartens.This paper discusses from four parts.The first part,through the definition of comparative law,introduces and compares the definition of child abuse by foreign legislation.In combination with the provisions of the criminal law and the interpretation of marriage law,it analyzes the two behaviors of corporal punishment and punishment,defines child abuse,and lays a foundation for the discussion of child abuse in the future.The second part,the tort liability imputation principle in the kindergarten child abuse were discussed,the principle of fault liability in the kindergarten child abuse for reflect the fairness of the law,to fair liability principle in kindergarten abuse was analyzed,and the application in combination with the civil tort liability(draft)"on the improvement of the fair liability rules are discussed.This paper introduces the source and content of the safety guarantee obligation of kindergartens,analyzes the constitutive elements of the tort liability of child abuse in kindergartens from the perspective of tort and non-tort,and analyzes the identification,classification and identification standards of each element from the four elements of illegal act,damage fact,causality and fault of the actor.In the third part,the scope and responsibility of the tort liability for child abuse in kindergartens are analyzed.From the point of personal injury,two types of compensation liability are analyzed,namely,compensation for property damage and compensation for spiritual damage.The kindergarten shall bear the vicarious liability for the teacher's position tort and further clarify the identification standards and liability bearing methods of the teacher's position tort.This paper discusses the tort liability and administrative legal liability and the tort liability rule in the case of the combination of criminal legal liability.The fourth part analyzes the causes of child abuse in kindergartens.Based on legal provisions and practical experience,it concludes the causes of child abuse in kindergartens and put forward five countermeasures to prevent and prevent the infringement in kindergartens. |
PDF Full Text Request