Discussion On Damage Compensation System Of Primary And Secondary School Students With Special Constitution

Due to the young age of primary and secondary school students,lack of self-protection ability,lack of rational cognition of external risks,and primary and secondary school students with special physical conditions tend to cause more serious injuries than ordinary people when they suffer from personal injury.For primary and secondary school students suffering from special constitution in the campus of personal injury liability allocation,whether the existing laws and regulations or judicial interpretation of tort damage compensation for students with special constitution is vague.The Guiding Case No.24 of the Supreme People’s Court stipulates only in the field of motor vehicle traffic accidents that the infringer shall not ask for mitigation or exemption of liability on the grounds that the victim is suffering from special constitution.The Measures for Handling Student Injury Accidents issued by The State Council only vaguely stipulates that primary and secondary school students with special constitution shall bear corresponding liabilities according to their own faults in the case of injury accidents in schools.Due to the complexity of the special constitution involved in student injury accidents,aggravated the difficulty of the fault standard identification,the current legislative status gives judges too much discretion,resulting in the situation of different sentences in the same case and caused huge social controversy.In this paper,by putting special constitution into various situations of student injury accident,the construction of special constitution of primary and middle school students damage compensation system and prevention and relief program.The core problem of tort of primary and middle school students with special constitution is the distribution of liability scope between the perpetrator,the school and the victim when the special constitution and the accident of middle school students are combined.Student injury accidents happen more among students,primary and secondary school students as the offender situation can be defended with the victim’s "eggshell head" like fragile constitution;This paper tries to focus on the question whether the educational management obligation of the school,the cognitive ability of the students,the predictability and participation of the special constitution,the fault of the perpetrator and the victim can be used as the factors to reduce the responsibility of the perpetrator.This paper is divided into four chapters: The first chapter combs the concept and type of special constitution,combs the research results of domestic and foreign scholars on the eggshell brain rule,and points out the influence of special constitution factors on the injury accidents of primary and middle school students from the perspective of the cognitive level of the actor,the behavior nature corresponding to the teacher’s identity,the cognitive level of the victim and the complex causal relationship.The second chapter analyzes the realistic predicament of damage compensation for primary and middle school students with special physique.This chapter points out the deficiencies of existing laws and regulations,judicial interpretation and relief plan of damage compensation for primary and middle school students with special physique.The third chapter sorts out the damage compensation system for persons with special physical conditions outside the region,expounds the scope of liability,scope of application and scope of compensation for the exemption of damage compensation for persons with special physical conditions in the laws,theories and judgments of Britain,the United States,Japan and Germany,and analyzes the particularity of primary and secondary school student injury accidents in general personal injury accidents.Chapter four sets out from the reality of our country,and combines domestic and foreign theories,from the judgment of behavior nature,the establishment of the defense excuse,the impact of causality on the damage compensation liability,reconstruction of the damage compensation system for students with special constitution;To further strengthen the prevention and relief of injury accidents of students with special constitution,the judicial interpretation of compensation for personal injury of students with special constitution should be set up,and the association with the prevention and protection of injury accidents of students should be established,various compensation paths of primary and secondary school scenes should be clarified,and the basic criteria of responsibility sharing under the causal relationship should be set up.