Research On The School’s Supplementary Liability In The Infringement Of “The Third Party”

With the development of society,spread of education,there are many schools and students in our country,and campus accidents happen frequently.Among them,"the third party" campus tort case has its own characteristics,there are direct infringers who directly implement the victimization,and the supplementary responsible person who may bear the supplementary responsibility as the case may be,that is,the school.This kind of tort case is relatively complex,and it is difficult to deal with it in judicial practice.With the promulgation of the tort liability law of the People’s Republic of China in 2010,Article 40 stipulates how to deal with such cases,that is,in principle,the direct infringer shall bear the liability for compensation,but if the kindergarten,school,educational institution and other organizations fail to fulfill their management responsibilities,they shall bear the corresponding supplementary responsibility.This provision provides a legal basis for how to solve such incidents in our country,which is the embodiment of judicial progress.However,only one general provision of law can not solve all kinds of problems in theory and judicial practice.Therefore,we need to do more in-depth research and Exploration on the theoretical issues and judicial application issues involved in the legal system of "third party" tort school’s supplementary responsibility Discussion,in order to eliminate disputes,reasonable referee.According to the provisions of Article 40 of the tort liability law of the People’s Republic of China: "if a person without or with limited capacity for civil conduct suffers personal injury from a person other than a kindergarten,school or other educational institution while studying or living in a kindergarten,school or other educational institution,the infringer shall bear the tort liability;a kindergarten,school or other educational institution If the educational institution fails to fulfill its management responsibilities,it shall bear corresponding the tort liability;a kindergarten,school or other educational institution If the educational institution fails to fulfill its management responsibilities,it shall bear corresponding supplementary responsibilities." According to the provisions of this law,only when the protected subject is in school can this law be applied.How to determine the school period? The school does not fulfill its management responsibility to undertake the corresponding supplementary responsibility,but how to determine whether the school has fulfilled its management responsibility? How to determine whether the school has fault? Schools should bear the corresponding supplementary responsibility.What is "corresponding" and what is "supplementary" ? Is it reasonable for the school to bear the supplementary responsibility?In view of this,this paper enumerates some real cases in recent years,analyzes the causes of the legal provisions of the supplementary liability of the "third party" tort in China,and finally provides some suggestions to improve the legal system of the school’s supplementary liability in the "third party" tort through the experience of foreign legislation,aiming to reasonably distribute the compensation responsibilities of all parties and guarantee the recovery of the victims Benefit,reduce school burden,restore school teaching order as soon as possible,reduce social contradictions,and promote social harmony.