The Study Of The Protection For The Minor Students’ Legal Rights In The Primary And Secondary Schools

The minor students’rights is paid attention by the country. But the minor students’person injury cases show the increasing trend in the practice.It make us think about the school’s management responsibility.It is divided into four parts in this thesis.In chapter one, the definition, specializition and form of the school’s management responsibility in the minor student’s person injury case in the school.In this chapter, the school’s management responsibility is defined the legal obligation which the school should be undertaked because it neglect, disobey its management bounden duty and the students are injured in the school. The specification of the school’s management responsibility embodies the legal implication between the school and student is education relation.and it is manageability,civil juristic relation. The management responsibility based on the rules of constitution, civil law and other laws and regulations. The contents of management responsibility mainly embodies12kinds of situations ruled by Student Injury Treatment. The form of legal obligation is the derect liability, complementary liability of the school and so on. The type of management responsibility mainly embodies civil ability, administrative responsibility,criminal responsibility, and so on. In chapter two, The comparative study of the school’s management accountability of personal injury case in minor students’school. In this part, the management system, lagislation, responsibility assumption of England,America and France are analysed and compared.The author think management responsibility is beared by the school in the private school which is carried out by market management. The responsibility is beared by country and scoiety in the school which public power is centralized. The principle of culpability of responsibility is doctrine of fault liability. limiting the condition the teacher is recoveried is general trend of law development in each coutry.In the elhi management system, China and France is similar.its responsibility nature and principle of culpability are worthy of referential.Relativing to the economic level of developed nation,our country locates the primary stage of socialism.Because of overincreasing its load is against reality,probabily effect the solemn of the law, method of bearing liability may draw on american social commitment.In part three, the author embodies the current situation, problem and reason analysing of the school’s management accountability for the minor student’s person injury case in the school. In this part expounding the school’s management accoutability rules about the minor students’ person injury case in the constitution, civil law.Enumberation the problems,such as,in the present, legislation is impefect,the school’s appraisal standard of medical fault is indefinite.Application of taking evidence is formal.management liability manner is indifinite. Analysing the reason, the author think the reason is the students’rights is indifinite, legal system and education system is integrated uncompletely. The awareness of the school’s protecting students is not enough.Education of middle and primary schools is backward, and so on. In part four, the author proposes perfecting the school’s management accountability in the minor students’ injury case. In this part, the author proposes definiting the school’s appraisal standard of medical fault, definiting application of taking evidence in the rules of Tort liability Law of the People’s Republic of China, management liability manner, strengthen the inspection and guidence of the school’s internal management, and so on.The inlovation of this thesis is mainly studying the student rights’almsgiving, in other words, the school’s management responsibility, ang combining the practice in the view of civil and commercial law. The author proposes the opinion,such as, definiting the school’s appraisal standard of medical fault in the rules of Tort liability Law of the people’s Republic of China by consulting relative rules of Standard Injury Treatment. In the39th rule of Tort liability law of the people’s republic of China, the school should help person with limited capacity for civil conduct and their Guardians when they obtain evidence.