Student Injuries Civil Damages

The number of students in the schools in China is huge,the problem of hurting student is serious and a series of matters concerning it have puzzled the schools,parents,the society and government all the time.The matters concerning hurting student cause serious damages to the students and their parents,break the general order of teaching in schools and cause great losses to the society and government.But the laws and regulations did not stipulate the matters clearly,such as how to define the event of hurting student,what the principle of undertaking responsibility is and how to deal with it,then it is inconsistent in the practice.Once the tort happens,the judicial departments can only find the judicial grounds in the general principles of civil law,the law of education,the law of protecting the minor and so on,so the results are different and cause diversity in the practice.To solve the matters in the practice,the education administration published a series of regulations,such as the regulation to solve the hurting students published by the education of ministry,the regulation to solve the hurting students in the primary schools and middle schools in Shanghai city and Hangzhou city,etc.,but these regulations are not unified,so it is not uniform in the practice in different districts of our country.Some courts of district have taken on many explosions,such as the article 46 of the general principals concerning the trial of cases about physical harm damage published by the high court of Shandong province stipulates:the persons who has no capacity or limited capacity of civil behavior study or live in the kindergartens and schools and the psychopathic patients treated in the psychopathic hospital are hurt or cause damages to others in the period of studying or treating,if these institutions were in fault,the tortors and these institutions are both defendant and should undertake the corresponding responsibilities.The regulation to solve the hurting students published by the education of ministry has provided some grounds for the cases of hurting students,it is meaningful but its level of validity is so low that causeing the inconsistent in the theory,and many matters need to be clarify.There are many experts researching the matter of hurting students and some articles concerning it were published,they are good references for my research on this matter.But many of the achievements are not comprehensive,and this is the main reason whyⅠchoose the topic.Based on the actual problems,the article defines the scope of the event of hurting student firstly to clarify the concept,enlarge the scope to including the adult student in school.Secondly,after analyzing the views of legal relationship between the school and the student,the article insists that the relationship between the school and the student is the legal relationship of education,and this can be the ground to solve the responsibility of compensation for hurting student.Thirdly,the article discusses the respective responsibilities of the school,the guardian and the third person in the event of hurting student to determine the person who need to undertake the responsibility.Taking account of the complex of undertaking responsibility by the school,the article discusses the principle of undertaking responsibility and the main reasons for the responsibility.At last,the article analyzes the special matters of event of hurting students comprehensively,and provides some advices for the revision of law of compensation for hurting studenfs.The article suggests that we should define the concept and character of the event of hurting student clearly in legal views,determine the respective civil responsibility in the event and deal with the compensation for damages according to the principle of undertaking responsibility. According to the perfection of corresponding legal system,we can maintain the balance of the lawful interests among schools,teachers and students, and we analyze the socialization of the compensation responsibility of hurting student,and then disperse the risks to the society properly.