Research On Judicial Judgment Of Personal Damage Liability Of Out-of-school Trusteeship Students

Out-of-school trusteeship,while helping parents solve the problem of taking their children to and from school,but also breeds the liability of minor trusteeship students for personal injury.Through the research and analysis of the judicial decision of this kind of personal injury compensation cases,it is found that the focus is first of all on the recognition of the legal nature of the custodian.In judicial practice,there are three kinds of cognition: "trustee","service provider" or "other educational institution".Based on the basic position of providing maximum protection for the legitimate rights and interests of custodial students,and taking into account the most basic principle of legal equity,it is most appropriate to characterize the out-of-school trustees as "other educational institutions".Secondly,on the issue of personal injury liability of out-of-school trustees,the author thinks that reference should be made to the relevant provisions of tort in educational institutions.At the same time,combined with the characteristics of the out-of-school trustees class,this paper analyzes the constituent elements of the tort liability of the out-of-school trustees,in which the judgment of the fault depends on whether the out-of-school trustees fulfill the duty of care of the kind manager.When judging causality,it is necessary to determine whether the cause of injury to trustees is related to the behavior of out-of-school trustees.Finally,based on the above ideas,the author hopes to solve the practical problems of personal injury liability of out-of-school trustees.