Issues On School Custody System

With the hurting accident increased in school recent years, so many compensate cases have lots of controversies. Combined with the progress of social civilization, it makes the legal profession pay more attention to the minors. School care becomes to be a central issue in civil matters. Just like the civil jurist in the Soviet Union said:"Guardianship and curatorship's nature is composite, because it concludes norms of civil law, these norms survey the relationships between care agencies and parents."Perfect and develop monitoring system will provide important legal protection for the wards.If this issue cannot be settled, it mot only influence the legal and education profession but also challenge all the social order. The purpose of establish monitoring system is to protect legitimate rights of minors and mental patients, and maintain the normal social orders. The meaning of guardianship could has difference for different dividing standard. China never use concept of parental rights in current legal system. Does school has custody for minors? If no, according to what; if has, concluding which? This paper elaborates all the basic theories, and resolves all the views, look forward to propose reasonable legal suggestions for the hot spot. The author combined the practice situation of minor management and education in middle school, primary school and kindergarten in our country, according to the current legal provision, analyze all the theories exist, propose views of the school care system for legal and education profession.The first chapter is legal principle of guardianship and custody of minors, it emphasis the difference of custody of minors between parents and school, elaborate perceptively, look forward to clear the range of custody. Chapter 2 is the situation and problems of school custody in our country. Chapter 3 is shift agreement system about custody. Chapter 4 emphasis the current legal identified for custody.