Study on the School’s Liability in Teenage Students’s Harm Accidents
|Course||Civil and Commercial Law|
|Keywords||Teenage students Harm accidents Responsibility of school Law relationship Attributing-principle|
Over years, due to the absence of the civil law on the harm in campus, the differentcognition between the theories of law and the execution of law has been caused; especially, itis very uncertain how to figure out the responsibilities the school is supposed to deserve afterthe occurrence of harm accidents. Finally, the lack of civil law on the harm in campus notonly makes the harmed students not get good help, but also influences the regulations ofschool and other students’ right interest very much. Within this paper, the problem aboutresponsibilities the school should deserve on the teenage students’ harm in campus isdiscussed. The paper is broken into four parts, the first part introduces the law relationshipbetween the teenage students and the school and the writer denies both of the guardianrelationship and contract relationship and meanwhile think the relationship between them iseducation-management relationship; the second part describes the attributing-principle of theresponsibilities of the school, and the writer denies these attributing-principle of theresponsibility without mistakes and fair responsibility and declares to attribute to the schoolby the responsibility with mistakes with analyzing four key factors building up theresponsibility of school; the third part portrays under what kind of conditions the schoolshould deserve the responsibilities and under what kind of conditions the school can exempt;at last the forth part explains the present situation of the building of civil law on theresponsibility of school and the comprehensive blueprint, and after evaluating the meaningand disadvantages of present building of law on the responsibility of school, a holly andcomprehensive designing idea is come up with.