Research On Tort Liability Of Kindergarten

Kindergarten is one of the most important educational institutions for preschool children,which is responsible for promoting the development of preschool education.But in recent years,injury accidents happen frequently.In tort cases of children injury accidents,it has been explored and pursued by legislatures,judicial authorities and various circles of society as to how to determine the scope of education and management responsibilities of kindergartens,how to allocate specific tort liability,and how to not only safeguard children's legitimate rights and interests but also not too aggravate the responsibility of education institutions.It is more necessary to analyze and summarize tort cases of kindergartens in judicial practice.This thesis is divided into five parts.The first part outlines the tort liability of the kindergarten,analyzing the legal relationship between kindergarten and kindergarten,clarifying that the research focus of this thesis is the children injury accidents occurring in the kindergarten and the tort liability borne by the kindergarten.The second part expounds the imputation principle of tort liability of kindergartens,and applies the principle of presumption of fault to persons without capacity for civil conduct in tort liability dispute cases involving kindergartens.The injured children do not need to prove the basic element of the fault only needs to prove the existence of the tortious act,the existence of the fact of damage of children,and the causal relationship between the tortious act of kindergarten and the fact of damage of children.If the kindergarten cannot prove that it is not at fault,it shall bear corresponding liability.The third part discusses the constitutive elements of tort liability of kindergarten,including tort,facts of damage,and causation.The tortious act in the tort liability of the kindergarten refers to the act of the kindergarten not performing the relevant education and management responsibilities.Such tortious acts are mostly manifested in the form of omission.The injury fact refer to the objective fact that the tortious acts committed by a kindergarten as the tortfeasor has resulted in adverse consequences of damage to the personal rights and interests of the children under legal protection.Causation is manifested in the case of tort liability in kindergartens,where the fact that an children injury accident occurs is caused by the kindergarten's failure to fulfill its education and management responsibilities,and the fact that kindergarten's failure to fulfill its education and management responsibilities prescribed by laws and regulations leads to the occurrence of injury accidents.Fault is presumed to exist because of the specific provisions of substantive law,The injured child does not need to prove the basic element of fault,But whether the kindergarten has a fault in the child injury accident is often the focus of controversy in the lawsuit.If the behavior of the kindergarten violates the responsibility of education and management objectively,the fault should be recognized.The fourth part analyzes relevant cases.First,it summarizes and analyzes the identification of education and management responsibilities in kindergartens.Judicial practice has high requirements for the educational management responsibilities performed by kindergartens.Under the judicial model of presumption of fault,It is difficult to prove that they have fulfilled their education and management responsibilities and waived them.Secondly,through a detailed analysis of the free school bus hours provided by the kindergarten,the kindergarten time period and other situations,to understand the judgment of the judicial ruling on the kindergarten learning and living period.Finally,children injury accidents caused by behaviors between children;children injury accidents caused by stinging or falling during kindergarten or organized off-campus activities;children injury accidents caused by kindergarten venues and facilities;children injury accidents caused by kindergarten teachers and other types of cases to analyze the liability of infringement on educational institutions of kindergartensIn the fifth part,the author sums up the recognition of tort liability of kindergarten,and thinks that kindergarten has become the main body of natural liability in many cases,which will increase the burden of kindergarten,because of the frequent injury accidents.There is no real way to solve the problem with this single remedy.With the help of the insurance system,a dual relief system of compensation for tort and insurance system will be established,and the risk of running a kindergarten will be brought into the scope of insurance liability,so as to socialize the liability of compensation of kindergartens.This is an effective way to solve the children injury accidents and alleviate contradictions among all parties.