An Analysis Of The Case Of Zhou's Suing Jinghua School And Other Educational Organs For Liability

In order to better regulate the school management and protect the rights of minor students in schools,the General Rules of the Civil Law have made clarification of schools' specific educational management to some degree.This series of special laws and regulations have established crit eria for schools' education management and pla yed a positive role in helping build our countr y and campuses under the rule of law.Through the case study and comparison of judgments of similar cases,this thesis generall y sort out the existing liability di sputes of educational organs.In reality,in order to calm things down and protect the students,the courts make no distinctions between schools' rights of managements and students' rights of education,then judge schools liable,thus shifting compensation liability to insurance companies.This case has three disputed issues: firstly,what is the legal relation between schools and students.Secondly,shall schools assume full liability for all of students' behaviors in schools.Thirdly,what is the concrete content of the schools' right to educate and students' right to receive education.How can the disputes be settled when both parties contradict each other.Under current national conditions,a t ypical example of misunderstanding the laws and regulations,failing to grasp the concepts and content of schools' rights of education and management,simply equaling schools' rights of education and management to guardianship,thus shifting unlimited expansion of liability for compensation to schools and insurance companies.Moreover,the right of education and the right of being educated,schools' right of management and parents' guardianship,the Attribution Principle in realistic practice,the distribution of burden of proof,and schools' assuming supplementary l iability resulting from damage caused b y the third party are all valuable.