Students Injury Compensation Imputation Of Research

Recently, some body-hurt accidents in school are reported in the media, the securities of students in school and treatments on body-hurt accidents have attracted much attention. The cases about compensation on body-hurt accidents on nonage students in school include two hot social problems: the management of nonage students and safeguard on the educated authority. The cases related to the safety on nonage and the development of our national education always are hot tort cases in practical trials. The cases are regulated in the explanations on problems about using law trial on cases about compensation on body-hurt on students by Supreme People's Court. However, academic understanding, judiciary explanation of different regional courts and a criterion of case treatment exist in more discrepancies about the law relationship among schools and nonage students, liability principle, law application, liability distribution and compensation liability on schools about the case of compensation on hurt on nonage students. Once the accidents of hurt occurs in the school, a defendant of school is sentenced to take the liability of compensation, the pressure on the schools is great, and results in hindering the development of quality education, the growth of hurted students and timely helps for students, the misunderstanding the guardians of a child, and hot reflection in society.This paper firstly regulates on the conception of hurt accidents on students in school to definite the extension of it from practical problems, then through the analysis of various theories about the law relationship between schools and students, classified a denial about the relationship of charging and charged, the relationship of duality of characters between school and student, the law relationship of educational administration and educational civil. The hurt accidents on students are classified by studies on the cases and the mistakes of school on the accidents. Secondly this paper discusses various compensation principles of hurt accidents on students in school and interprets the attribution of liability of evidence, the ascertain of responsible people, and the application and sharing of the liability of hurt accidents on students in school,and presents suggestion on treatment about some problems in practical trials by comparison and investigation about legislation and legal precedent in two law systems, and analysis on liability principle of hurt accidents on students in school. Finally, for highly occurring of these cases in the present situation, the paper presentsthe measures of precautions, such as the strength of educational justification and law propaganda, the perfection of educational law enforcement and judicature.