The Judicial Application Of The Imputation Principle Of Campus Injury Accident Of Minors

Students are the sustenance of parents,the hope and future of a country and the times,so campus injury accidents have always been concerned by the society.Reasonable and effective application of the principle of liability fixation and scientific and reasonable settlement of disputes caused by campus injury accidents can not only enable the injured students to get timely legal relief,but also help to maintain the legitimate rights and interests of the school and the normal order of education and teaching,and mobilize their enthusiasm to carry out quality education activities.At the same time,it is also of great significance to the improvement of students' comprehensive quality and the harmony and stability of the whole society.At present,China has formulated some relevant laws and regulations,which to some extent also eased the contradictions between the two parties in campus injury accidents,but there are still many fuzzy areas.According to the existing laws,students with limited capacity for civil conduct should apply the principle of fault liability,students without capacity for civil conduct should apply the principle of fault presumption liability,and schools should bear the corresponding supplementary liability when there is a third party infringement in the accident.However,the recognition of school fault is not clear,the application of the principle of fair responsibility is confused,the principle of imputation is lack of classification,and the school's supplementary responsibility is divergent in the application.These problems have not been properly solved due to the lag of relevant legislation and the marginalization of research on student injury accidents in China.Based on these outstanding problems in the judicial application of the principle of imputation,this paper puts forward the corresponding countermeasures.This paper is divided into five parts:The first part is the introduction,which introduces the source of the topic,the purpose and significance of the research,the research status at home and abroad,the research methods and innovations.The second part is the basic discussion of campus injury accidents of minors.First of all,it defines what is campus injury accident,through the analysis of the injured subject and the site of campus injury accident.Secondly,it analyzes the relationship between school and students,and shows three mainstream theories,namely,guardianship relationship theory,contract relationship theory,and education,management and protection relationship theory.The third part introduces the current situation of the imputation principle of campus injury accidents in China.First of all,it classifies the principles of liability for campus injury accidents,including the meaning of fault liability,no fault liability,fault presumption liability,fair liability and the specific provisions in the law.Secondly,it discusses the application of the principle of liability fixation in the judicial practice of campus injury accidents,which principle should be applied when the students without civil capacity are injured,which principle should be applied when the students with limited civil capacity are injured,how to apply the principle of liability fixation when there is a third party infringement,and the exclusion of the principle of fair liability.The fourth part discusses the principle of liability fixation in the judicial practice.First of all,it analyzes the irrationality of school fault identification,including the unclear standards of school fault identification and the expansion of school responsibility in practice.Secondly,it introduces the problems in the application of the principle of fair responsibility,including the unclear application of the principle of fair responsibility and the abuse of the principle of fair responsibility in judicial practice.In the end,the author points out that the imputation principle of campus injury accident is not classified and the supplementary responsibility of the school is not clear when the third party infringes.The fifth part puts forward relevant suggestions on the judicial application of the principle of liability fixation of campus injury accidents.First of all,it puts forward the judicial application of identifying school fault,the judgment standard of identifying school fault,the application of the principle of fair liability and the suggestion of strictly applying the principle of fair liability in campus injury accidents.Secondly,it is suggested to classify the liability principle of campus injury accidents,and finally,it is suggested to specify the school's supplementary liability when the third party infringes.