Research On The Tort Liability Of School In Student Injury

In recent years, the students'injury accidents happened frequently, have come into social notice. In these accidents,responsibility is identified as the key to solving the accident, but clearly the responsibility of the school become a priority.our legislation has made the relevant provision for students'injury accidents. But in recent years, students' injury accidents presented a variety of injury characteristics, Actual legislation has been difficult to meet the real needs.so,as result that trial of cases caused by lack of legal basis and judicial confusion.In this paper, the concept of student injury is defined as starting point., it basis on the type of tort liability, elements, responsibility principle.Paper analysised and elaborated of the legislative status of foreign,combined with our current education system and legislative status,and give some advices.The article is composed of four parts.Part one:this part mainly analysis basis theory of Tort liability school. From concept pf students'injury accident,trait of that,diverse types of responsibility principle,those give the theoretical foundation to the full-text.Part two:this part analysis foreign legislation of tort liability school.Article selected the nations,which stand for Civil law countries and Anglo-American law countries, and introduced partly from concept, responsibility Principle, compensation system,so as to find some advantges to use for reference.Part three:this part mainly analysis legislation and administration of justice of our country.students'injury accidnt happen frequently,be relevant to hiatus of legal system, legislation ignore isusse of the principle of fairness and recessiveness harm,wich brought about unfair justice, From the legislative and judicial status, we found out the imperfections, which paved the way for the next part.Part four:The fourth part of the status quo for the third part, this part summarized that school responsibility unclearly, lower legal hierarchy, avoid the problem of hidden damage, single responsibility principle, compensation for financial difficulties Etc.In this paper,for these problems,we put forward relevant proposals on "Civil Law" Tort Liability Act " and "Rules",expect those effective solutions to students'injury accident.