The Research Of The Injury Accidents Of Students

In recent years, the injury accidents of students appear continually. But currently, the law about the injury accidents of students is very lack in our country, and can't adapt the demand of judge far. Result in the disunity of the comprehension and application of the law while manage to this kind of case.This text discussed the concept and its characteristics of the injury accidents of students firstly, and the partition of the type about the injury accidents of students was completed.Secondly, this text investigated the responsibility principle of the hurt compensate about the injury accidents of students. In the first introduced the related lawmaking and prejudication of the continent law system and British and American law system. Immediately, this text elaborated that the injury accidents of students adopted the fault responsibility principle in principle from the angle about what it is now, and under the special conditions, adopted the understand fault after considering details of case and the two parties' ability of offering proof comprehensively. Then, this text elaborated the injury accidents of students should adopt the understand fault in principle from the angle what it is should be, so can protect students' basic benefits utmost.Thirdly, this text putted forward that the property of the injury accidents of students responsibility should be educate, management and protection relation.Fourthly, discussed the composing important items of the injury accidents of students responsibility, putted forward the assertion of three important items. The composing important items of the injury accidents of students include: 1.The student is injured when he is in school, or the student hurts the others when he is in school; 2. School has fault when carrying out the education, management and protection duty;3. The school's behavior of disobey《the education law》and the other laws which are related education contains the cause and effect relation with the occurring of accidents . As for how to affirm whether school has fault in its subjectivity, should considers the doctrines of "the disobey of the notice duty" and"the disobey of the behavior standard". Concerning how to judge the cause and effect relation, this text claimed to the adoption of doctrine which is called "considerable cause and effect relation".Fifthly, this text discussed the causes by which can relieve the responsibility in the injury accidents of students. These causes by which can relieve the responsibility include: 1. The fault of students and their keeper; 2. The third people's reason; 3. Force majeure; 4. Accident; 5. The other reason without school's responsibility.Sixthly, analyzed the common infringement behavior witch may exists in the injury accidents of students, and pointed out that the common fault include the common intent and the common lapse. Because, when the common infringement behavior occurs, it is difficult for victims to prove whether each person has the common meaning contact or not and whether has the common intent, and it is disadvantage to protect the benefit of victims. And modern civil law tends to protect the victim's benefits more, therefore, if several inflicters have lapse, it also should be constitute the common infringement.Seventhly, this text researched the society property of the minor, pointed that the minor is not only a family's wealth, but also the society's common wealth. Each person in the society has the duty to protect the minor's benefits, and to prevent the minor from being hurt. If the minor is hurt, it is society's duty to relieve the minor.In the end, this text putted forward several suggestions about how to compensate when the minor is hurt, pointed out that the nation should build up the special system to tilt to the minor, thus guarantee that the minor's legal rights get the full and valid protection.