The Tort Law provides that the core of fault identification of educational institutions in campus injury accidents is "Failure to fulfill education management responsibilities",however,the "the responsibilities of education and management " were not described in detail.And some other regulations and legal normative documents can only be used as a reference in the referee,and the requirements of each government department for the responsibilities of education and management are different due to their different perspectives.As a result,in practice,there will be no unified standard for identification in campus injury accidents,and it caused a phenomenon is that different judgments in the same case also happen from time to time.Therefore,this essay is based on the relationship of education and management between primary and secondary schools and their students,and analyzed the different applicable standards of the dual liability principle under the different civil conduct abilities of the students to find out the legal basis of Identifying primary and secondary schools and other educational institutions' faults in infringement on campus;at the same time,it analyzed the actual cases of negligence of education and management between schools and students.This article starts from the responsibility of the school for the safety guarantee,daily management,education and teaching of students,combined with the trial cases,the school's fault identification was elaborated from the aspects of specific campus life,safety standards of facilities and equipment,emergency rescue,and teacher management behavior;finally,from the cases of students 'personal injuries caused by off-campus activities and off-campus internships,to analyze the school 's educational management responsibilities in such cases,and elaborate the school 's fault identification methods.In this way,when a minor student 's campus injury accident occurs,the court can divide responsibilities more efficiently,and the school can perform its obligations better before and after the accidents.Fundamentally ensure the tranquility and harmony of the campus,and provide a solid backing for students to learn efficiently and develop physically and mentally,balance the relationship between students,schools and parents to provide a better environment for the healthy development of students' physical and mental health. |