Additional Responsibilities Of The School In Student Injury Case

"People's Republic of China Tort Law" in the July 1,2010 formally implemented, which Article 40 of school accident when the third party tort the school take additional provisions apply to more and more, although the law and judicial interpretation to make provision for additional responsibilities and also received the support of mainstream theory, but whether the provisions have rationality cause heated arguments. Supporters argue that added responsibility can protection of the interests of victims maximize, opponents argue that added responsibility, even against the general principles of tort liability theory. In judicial practice, although the Judgment use the concept of additional responsibility, but in allocation of responsibilities, not apply to the rules of additional liability. It is based on the confusion of academic theory and practical application, the paper start from the general theory of tort liability, depth study for additional responsibilities of school.Paper start form the continuous occurrenced campus injury cases of malignant in 2010, lead to additional responsibilities of school. Through the different results of trials show the articles in the application is confusion, the root of these problems is unclear understanding of the additional responsibilities. So I first defined the additional responsibilities, it use in the area of tort law is China's first use, in order to add the way of share responsibilities in the traditional tort liability, it is a new way to take the tort responsibilities and a kind of generalized claim, and show the rationality of additional responsibility.Additional responsibility of school as a kind of apply situation, it has own characteristics. "Tort Liability," the Article 40 has the double meaning of theory and reality, this is not only rich the theory system of tort liability, but also make guide to the unclear phenomenon in the student injury case. But "the additional responsibility of the corresponding" provisions are too broad, for example, not require the elements and effectiveness of schools" additional responsibility, in practice results in many of the unknown, I made a detailed definition to solve these problems.School is the place to teaching and educating, starting point of protect vulnerable groups by legislation is good, but if there is too much responsibility falls upon the school, then I am afraid the school will be focus on how to protect the safety of students. In order to schools work carry out more smoothly, the last of article mentioned insurance specifically, the responsibility of school will be transformed into social insurance, that is not only solve the problem about the burden of schools responsibility, but also to some extent, protect the injured party's loss can be compensation.