Research On School's Civil Liability In School Bullying

In recent years,with the increasing incidence of school bullying,it has become a hot issue for the public.School bullying has a profound impact on the physical and mental health of underage students.In news media reports,there are even extreme cases of students committing suicide as a result of school bullying.In the case of school bullying,the bullying student,as the party that actively implements the bullying behavior,causes damage to the legitimate rights and interests of the bullied student,and the bullying student should certainly bear the civil compensation liability.But because the bullying student is a minor,this part of the responsibility is usually assumed by his guardian instead.In actual cases,the bullied student thinks that the school is also dereliction of duty and usually requires the school to bear part of the civil compensation liability.As for the school,it does not actively participate in the bullying behavior.What is the theoretical and legal basis for the school to bear the civil liability and how to divide the share of civil compensation liability with the bullying students? These issues are mainly discussed in this paper.This article is divided into four parts:The first part: overview of school bullying.Because the study of school bullying in China is still in the initial stage,it is necessary to clarify the meaning,extension and characteristics of school bullying and other basic concepts,which is the basis for the study of school civil liability.This part also makes a brief analysis of the responsibility subjects in school bullying,including the responsibility of bullying students and their guardians,the responsibility of schools,the responsibility of teachers and staff,and the responsibility of educational administrative departments.The second part: the theoretical basis of school civil liability.There are many theories about the legal relationship between schools and students in the theoretical circle.This part focuses on the analysis of three representative theories and the rationality of the legal relationship of education management.In order to further clarify the civil liability of the school in the prevention and management of school bullying,the article analyzes the content of the security obligation of the school.The third part: the imputation principle and constitutive requirements of school civil liability.According to the basic theory of imputation principle,this paper analyzes the different imputation principles for people without civil capacity and people with limited civil capacity,and analyzes the burden of proof of schools in combination with relevant provisions of tort liability law.In order to clarify the civil liability of the school when there are defects in the performance of the security obligation,the constitution of the civil liability of the school is expounded in detail.The fourth part: the assumption of civil liability of the school.Based on the theory of several torts,this paper analyzes the form of torts in school bullying,clarifies the form of school liability,and ensures the reasonable and fair distribution of liability,which is of great significance to balance the interests of all parties in school bullying.Then,by analyzing the relevant provisions of the tort liability law,it clarifies the application of the law in judicial practice,and clarifies the legal basis for the school to assume responsibility.Finally,the paper discusses the specific methods of the school to take responsibility to ensure that the bullied students get all kinds of relief.