Study On The Civil Liability Of School For The Damage Caused By The Minor Students

In recent years, the problems concerning damages caused by minor students are becoming increasingly conspicuous, and tort cases in campus are frequently reported in media. However. China's existing legislation is deficient in rules focusing on the school responsibility in minor students causing damages. The legal nexus among all parties are still confused, and the present rules lack of maneuverability.Considering the judicial practice, the paper analyzes and discusses the legal nexus between the minor students and the school, the criterion of the school liability, and the boundaries among the school liability, the teacher liability and the guardian liability in depth. The paper puts the emphasis on the school liability.The paper consists of four parts:The first part elaborates the legal nexus between the school and the minor students, and renders the school liable in tort in minor students causing damages cases. The school has the duty to educate, protect and manage the minor students. The legal basis of the school liability lies in the school violation to this education, protection, and management duty, but not the guardian duty. The school is not the minor's guardian. In the minor students causing damages cases, if the school is negligent to the management of the injurer, it is liable by omission.The second part compares the different kinds of legislative patterns and theories on the criterion of the school liability, holding the opinion that the general negligence principal is suitable for the school liability. For the school's negligence, the victim bears the burden of proof. While protecting the rights and interests of the victim, the rule should maintain the school's daily teaching order and ensure the material base of education's development and reformation in the meanwhile.The third part tries to make a clear distinction among the school liability, the teacher liability, and the guardian liability. The teacher is personally liable for the damages. The existence of the school's liability does not constitute a waiver for the teacher. The teacher should take the responsibility because of his/her negligence. The school and the guardian share the responsibility for the damages in proportion according to their negligence.