Legal Research On Liability Identification In Injury Ccidents Of Primary And Middle Schools

It is of vital significance to identify the liability of the school scientifically, rationally and legally, and settle correctly the claim of indemnity caused by student injury accidents in primary and middle schools. By which not only can injured students obtain legal relief timely, but also school legitimate rights and the daily teaching order get safeguarded, the initiative to carry out quality education mobilized accordingly. Meanwhile, it is conductive to improving the overall quality of students and even social harmony and stability. However, due to the lag of current relevant legislations in China and the marginalization of researches on this issue, this problem has been unsettled properly.By the use of literature, comparative and case analyses, as well as from the perspective of science of law, the paper makes a systematic research of theory and practice on identifying the school's liability in injury accidents. On the basis of defining the legal relationship between the school and students, and duty of care, the paper clarifies the imputation principle, school liability constituents and scope, and other relevant issues, and hence constructs the basic framework of school liability identification in students'injury accidents of our country. From the two aspects of lag in legitimate and difficulties in practice, the paper makes an in-depth analysis of problems existed in liability-identifying operation, and puts forward the feasible proposals on how to improve liability-identifying system by drawing on the experience of legislation and practice in developed countries.This thesis is divided into seven parts.The first part elaborates the research background in the introduction, gives a brief overview of relevant researches at home and abroad, clarifies the purpose, significance and methods, and conceptualizes the students'injury accidents and liability identification.The second part focuses on studying the theoretical basis of school liability identification in injury accidents, i.e. defining the legal relationship between the school and students, the duty of care, and nature of the school liability.The third part analyzes the system of liability principle in school's injury accidents. The fourth part inquires into constituents, scope and grounds of remission of the school liability in students'injury accidents.The fifth part, by the use of comparative research method, investigates and compares the legislations and practices of school liability identification in students'injury accidents among Japan, U.S.A. and Canada.The sixth part, both from the legislation and practice, analyzes the problems occurred in the course of liability identification in the school's injury accidents in China.The seventh part puts forward the specific legislative proposals on how to improve the system of school liability identification in students'injury accidents.