Research on the Liability of Damages Relating to Personal Injury of Minor Students
|Keywords||school minor the responsibility of guardianship the liability of school|
Recently, law cases relating to personal injury of minor students happening on campus have been increasing year after year, which has caused extensive attention from the society as well as from media. Due to the fact that existing laws give no explicit concept on school’s liability in these cases, there been long-term dispute between the circles of education and legislation .And it’s hard to handle these cases in juridical practice. The focus of the dispute is the school’s liability.Raft’s believed in this article that school and its minor students are not related by guardianship, nor by contract singed voluntarily, but by legal education and administration relationship. school bears legal obligation to look after student and is supposed to function prudently, If students were injury or had created injury to others due to school’s failure t function, school should be charged with liability for tort, but not liability of guardian. As for the principle of responsibility belongingness, fault liability principle should be applicable. As for the determination the fault, this article adapts the objective theory. In the article part of finally, I would bring up some suggestions to perfect law making.The author hope that the study can promote the researches on this issue in theoretical aspect and also benefit the legations and judicial practice.