Research On Personal Injury Compensation For Incapacitated Students

There exists a problem that a large proportion of students especially young-aged ones are prone to be harmed or exposed to accidents in daily life or at school since their weak capacity of civil conduct.The implementation of Tort Liability Law has changed the original fault liability principle into a presumption of fault liability principle to strengthen students' security and compensation of personal injuries.As the revision of legislation,underestimation of complexity of actual situations,inaccurate judgements on principle of laws and legislative spirits,it is quite difficult to put those theories into judicial practice.Now,The General Provisions of Civil Law2017 requires the minimum legal age of students who do not have civil conduct competence revised from 10 to 8,so how can we make an equitable and reasonable settlement of personal injury compensation still deserves a deep research.This article is based on The General Provisions of Civil Law and case studies by those students who do not have civil conduct competence and under 10 years old.I mainly collected 57 relevant typical cases and found that,there are three types of students' injury compensation,firstly,schools are responsible for compensation;secondly,schools take part of the blame and thirdly,schools are totally have no responsibility.Research also shows that there are some problems exist in the implementation process,such as unclear definitions of The Tort Liability Act in terms of students' responsibilities,educational institutions and distinguishability between schools' fault and root causes;The misuse of the principle of liability for the application of victim's behavior also brings about some problems;The principle of liability for unfair liability in trial practice is applied;It is inaccurate to identify the students who are incapable of behaving in the trial practice.Regarding to these problems,the research puts forward some suggestions to improve legal liability of students who do not have capacity of civil conduct: make specific regulations or responsibilities about students,schools and educational institutions;we have to consider the degree of injuries or root causes of schools and educational institutions when we analyze their responsibilities;Different imputation principles should be applied in the trial practice;make appropriate modification of relevant laws.