Research On Tort Liability Of Special Education Schools In China

Has long been a special education school is an important part of basic education in our country,by the end of 2020,a total of 2244 special education schools in our country,in the school student 880800 people,the development of special education school,such as mental retardation,eyesight,hearing disabilities physically and mentally defective children accept compulsory education,to adapt to the normal life opened the door.Although our country’s special education school create early,rapid development but also 30 years or so,however,caused by its rapid expansion and lack of experience and professional faculty,plus the obstacles existing in students’ physical and mental disability,and cause special-education schools infringement cases have occurred,and compared with the ordinary school case more complex,the school tort liability cognizance are difficult.Correctly identifying the tort liability of the school can not only guarantee the normal development of teaching activities in special education schools and the vigorous development of special education,but also protect the rights and interests of students with disabilities comprehensively and prevent them from secondary injury.Article 1199 to Article 1201 of the Civil Code only divided the tort liability of educational institutions according to the standard of students’ behavioral ability,but did not make detailed provisions for schools with different nunciations and different types of students,so that special education schools and ordinary schools are subject to the same legal norms and bear the same rights and obligations.Set up such a system,a lot of problems appeared in the field of legal application,first of all,the special education is different from the ordinary education,special-education schools of education,management,responsibility to protect content more abundant,more strict,the disabled students’ physical and mental barriers to the school to take on a higher level than normal school education management obligation,and how to define "higher level"?There are no relevant legal provisions and no consensus in the field of practice;Secondly,the identification of the educatees’ behavioral ability is the premise for the application of the Tort Liability Law of educational institutions.However,in the field of practice,the phenomenon of confusion in the identification of the behavioral ability of students with disabilities frequently occurs,which lead to the confusion of the principle of imputability and the distribution of the burden of proof,and the phenomenon of different judgments in the same case occasionally occurs.Thirdly,the distribution system of burden of proof under current standards fails to take into account the complexity of special education tort cases and the lack of proof ability of disabled students,which makes the burden of proof for disabled students not commensurate with their own ability,and often leads to the failure of proof.The resolution of the above problems has important theoretical and practical significance for the accurate identification of the tort liability of special education schools.Based on practical cases,this paper analyzes the constitution of tort liability and difficulties in liability determination of special education schools,and puts forward solutions,in the hope of providing some useful suggestions for judicial practice.The full text is divided into three chapters.The first chapter clarifies the legal relationship between special education schools and students with disabilities,sorts out the legal norms applicable to the current tort cases of special education schools,clarifies the basis for the responsibility of special education schools and the application of the law,and then analyzes the constituent elements of the tort liability of special education schools under the current legal system.The tort liability of special education schools and general education schools is compared and analyzed to pave the way for the following research.The second chapter of this paper discusses the identification of fault elements in the tort liability of special education schools based on judicial cases.By classifying tort cases,this paper studies the factors that the court considers in determining the tort liability of special education schools under five circumstances:teaching activities,student management activities,harm caused by campus facilities,infringement by third parties outside the school and the fulfillment of the timely rescue obligation,so as to concretize the education management obligation of special education schools.The third part of the "Civil Code" under the special education schools tort liability norms of interpretation research,put forward exploratory suggestions for the existing problems.To ensure that the legitimate rights and interests of students with disabilities are fully protected without increasing the burden on special education schools,the development of special education in China will be stable and sustainable.