Students ' personal injury accident Responsibility Research
|Course||Civil and Commercial Law|
|Keywords||Student-injured accidents Legal relationship of education Principle of liability identifications Fault responsibility|
In recent years, the school students have been frequently injured which extremely hurts the students and their parents both physically and mentally, disturbing the normal teaching schedules. The harmful accident of students has become social hot problem all over the world. At present, the law has no authentic conception for the duty of schools. Such a point of view is different from person to person. There is still no uniform standard for the judge to sentence the case .This thesis aims to make a tentative study on some issues regarding duty of students’ accidents.Part one, conspectus of student accidents. Through the discussion on the part, introducing the conception, character and the kinds of the accidents and elaborating the relationship between the schools and the students. According to education law and other correlative law , the relations between the schools and the students is a right-obligation relations. School has duty to educate and manage and protect the students. This legal relations requires school necessarily to pay attention to take the charge of safety. Part two , reviewing the lawmaking of students accidents in some countries and areas such as America ,Canada Japan and Taiwan .Part three, discussing the principle of liability of accidents and studying the composing of the accidents. This thesis claimed the principle of fault liability on affirming the duty of schools. If carrying out that duty negatively, the school must assume the responsibility of compensation or complementary compensation. . Part four, discussing the scope of the compensation for the accidents. Part five, reviewing some cases of the accidents. Part six, pointing out some shortage in the aspect of lawmaking for the accidents and discussing the suggestion of perfect. The core of this thesis is the relationship between the schools and the students, the principle of the duty of the accidents as well. Which is the key to solve and deal with the accidents. In the light of this problem, the article stresses several problems which have practical meaning for school’s management particularly its safe work.