The Study On The Identification Of School Civil Liability In Injury Accident Of Students At The Stage Of Compulsory Education

In recent years,student injury accidents have occurred continuously.Because the physiological characteristics of the minors in the compulsory education stage tend to be greedy and playful,and the education system is limited,their awareness of safety and self-protection is weak,which has become a high-risk age group for student injury accidents.In the process of judicial practice,the value orientation of the judiciary and the legislators seem to be biased at some levels,which leads to the judicial dilemma of different judgments.This paper studies the identification of civil liability of students in the injury accidents at the compulsory education stage,and combines theoretical analysis with empirical analysis,big data compilation statistics and detailed analysis of typical cases to analyze the existence of judicial practice.The problem is to analyze the causes of the dilemma from the perspective of paternalism and bounded rational jurisprudence.Finally,through the comparative analysis of domestic and foreign institutions,find the way to improve the responsibility identification in China,and try to resolve the issue of civil liability identification between students and schools.The disputes have promoted the benign development of compulsory education and made a modest contribution to the related judicial practice and theoretical research in China.In addition to the introduction and conclusion,this article is divided into five parts:In the first part,based on the theory of the concept and characteristics,the type of student injury accidents in the compulsory education stage is studied.This also becomes the theoretical basis for the case data in the following text.The second part is the theoretical analysis of the theoretical basis andhistorical traceability of the existing student injury accident liability system in China.Including the principle of imputation and the criteria for fault determinationIn the third part,the author combines the judicial case big data and case analysis method,combined with the student injury accident cases occurred in the past two years(2017,2018),classifying the cases according to the cause of the accident and summarizing the existence in judicial practice.Contradictory issues,as well as the development trend of the entire judiciary,and from the two levels of legislation and justice,the two paths of interpretation of "father loveism" and "limited rationality" analyze the reasons for the existence of this real problem,expounding this judicial dilemma to society And the impact of legal construction,and by analyzing the trends in the judicial treatment of student injury accidents from 2017 to 2018,indicate the prospects for China to address such cases.The fourth part compares the research methods and uses the United States and Japan as comparative research objects to find loopholes and deficiencies in our legislative and judicial systems.The fifth part is to solve the problem of the existence of responsibility and combine the reasons,to make recommendations on the improvement of the current legislation and the establishment of judicial regulations and related security systems.