Research On School’s Civil Liability In Accidents Happened To Minors

In recent years, the campus torts frequently happen which not only damage the interestsof students and school, but they also let Chinese education face tremendous pressure. Aftertorts occur on campus, whether the school should bear legal liability or not, which principlesthey shall make reference to for liability attribution, how to identify school’s fault and otherissues become the focus for proper solution of such events. The present legal provisions needfurther refinements and improvements on these problems. There are big academiccontroversies on this. Sorting out these views has great significance in the correct handling ofinfringement cases, protecting the legitimate rights and interests of each party, maintaining thenormal order of teaching in school management, as well as for social harmony andstability.This article is divided into five chapters to conduct the discussions:The first chapter is preface.It presents the research purpose, Significance and method.The second chapter is an overview of campus torts. It clearly defines the concept ofcampus infringements and describes the characteristics of campus infringements from fiveaspects combining with the present legal provisions。At last,the chapter elaborates the legalnexus between school and students,The paper believes that there is a legal education andmanagement relationship between school and underage students.The third chapter discusses the doctrine of liability fixation and constitutiverequirements for civil responsibility of campus infringements.This is the focus of thispaper.On that basis, taking a reference from relevant legislation cases in other countries andregions, it describes that no-fault principle shouldn’t be adopted in the school responsibilityfor torts. And school shall not assume fair liability but fault principle should be followed forcampus torts. But it differs on the distribution of proof responsibility according to civilconduct capacity of students.The fourth chapter describes the shouldering and exemptions of campus infringements inschool’s civil liability. It takes damage source as standard and discusses the issues of civilresponsibility shouldering from school internal damage and the third person out of schoolthese two cases. Then it lists the cases in which school behaviors can be exempted from civilliability due to no errors occurred. Finally, the author puts forward improvement of campus tort civil liability of schoolvision. Including legislation, and the social sharing system.Look forward to better solve theproblem of campus tort civil liability of school.