Research About The Forced Liability Insurance System Of Primary And Middle School

Nothing is so certain as the unexpected. Risk has been in existence objectively for the occurrence of damage incidents. It should be one of the important attitudes and methods in modern life to prevent risk positively and resolve risk reasonably. Insurance is such a kind of reasonable institutionalized tool. Compulsory liability insurance refers to a special responsibility that the state laws and regulations require some special group or industry should bear, whether they like it or not. Compulsory liability insurance of primary and secondary schools, based on the interests of the public policy considerations, is stipulated by the state laws and regulations that require a special industry such as primary and secondary schools to cover insurance and insurance company must accept it. The establishment of school compulsory liability insurance has important theoretical significance and practical value. From the perspective of social justice, the school liability insurance is using the social risk management mechanism to realize the reasonable allocation of wealth between different people and the justice of distribution; From the perspective of the education fair, school compulsory liability insurance is a necessary complement to the development of education fairness; From the perspective of government management, the school compulsory liability insurance is an important measure to achieve scientific regulation for the market.The better injury accident compensation system of foreign countries provides a good example for the construction of compulsory liability insurance system at school in our country. In the United States, the school liability insurance is carried out by school districts, making unified choice and unified cost to cover the insurance. But schools have wide autonomy, and they can decide how to buy it, and the government holds a "laissez faire" management mode and attitude. Japan has a quite different system, in which people share disaster relief payment together, namely, by the state, the schools and parents, and the three sides burden the consequence to establish a mutual aid system. Canada sets up a mutual insurance company, such as CURIE and OSBIE, which is formed by the join of the university or the local bureau of education in the form of membership and bear the compensation and processing for students’ injury accident.The theory and practice of our school liability insurance at the present has laid a solid foundation for the construction of school compulsory liability insurance system. Its concrete implementation model is the guiding of compulsory administrative laws and regulations and promotion of the unification of the insured by the government. This model, to a certain extent, solves the worries of school education, but also brings a series of problems:the missing of the legal mandatory; the disorder of subjects who pay insurance and the unified policy; the fragment of provinces and cities, which leads to differences in regional development; the narrow insurance coverage and the inconsistence of clauses:the complexity of claims procedure and the difficulty of settling disputes. As the current school liability insurance system has defects and deficiencies, it is needed to build and improve the school compulsory liability insurance system to make full protection of the victims’ rights.On the basis of the current system, it is necessary to construct the system of compulsory liability insurance of primary and secondary schools. First of all, set goals and principles of the school system of compulsory liability insurance legislation. Second, based on the analysis of the objectives and principles of lawmaking, further define the subjects and contents of the school’ main body of compulsory liability insurance, including the subject-matter insured, the insurance liability, insurance claims and dispute processing. Third, the third party’ direct claim to the school is analyzed and it should give the third party for compensation for the damage directly by modifying the clauses. Fourth, clear the insurer’s the rights of participation and defense in school compulsory liability insurance. In liability insurance, the claim and defense of insurant and the third party is directly related to the interests of the insurer, so it is needed to reduce the risk of moral hazard and allow insurers to participate in the contest to balance the interests of all parties.