Study On Tort Liability Of School In School Bullying

In the campus infringement incidents,the proportion of bullying incidents is gradually increasing.In the case of school bullying,schools almost fall into the position of the defendant because they assume the obligation of educational management and protection for students.Therefore,Whether and what kind of responsibility schools should bear in school bullying incidents,the liability co-competition between schools and the guardians of bullying students,and the liability co-competition rules between schools and bullying third parties have become hot issues that need to be solved at present.To solve the above problems,it is necessary to explore the legal relationship between schools and students,the composition of school responsibilities and other issues.Only by clarifying the composition of school responsibilities and the principle of attribution,can we accurately define whether,what kind of responsibilities and the scope of responsibilities schools should bear in school bullying incidents.The exploration of the above problems is of great significance to safeguarding the legitimate interests of the victimized students,promoting the normal and healthy teaching environment of the school and unifying the judicial practice of our country.According to the provisions of "Measures for Handling Student Injury Accidents" on campus bullying,campus bullying mainly refers to the behavior between students,where one party intentionally or maliciously oppress and insult the other party by means of body,language and Internet,resulting in personal injury,property loss or spiritual damage to the other party.However at the present stage in our country is not a perfect law to bullying school responsibility undertake,but scattered in "civil code","minors protection law","compulsory education law,the students’ injury accident treatment measures,for processing regulations of the school bullying is too fragmented and inconsistent law level,makes these rules to use more difficult.As the creation of the civil code,of dealing with the minors under personal injury events began to have a more perfect,but,with the bullying increases year by year,bullying has become increasingly diverse,increasingly complicated case,the court hearing difficulty gradually increase,to some extent this is due to the imperfection of the current laws and regulations on school bullying.In bullying,tend to student’s body and property as well as the spirit damage,so how to effectively avoid the occurrence of bullying and in the case of bullying,the legitimate interests of victims’ comprehensive effective protection is the meaning of this writing.The first part is the concept of school bullying.Then distinguish bullying from school violence and playfulness between students.When studying the responsibility of schools in school bullying incidents,the concept of school bullying can be more accurately defined only by distinguishing school bullying from school violence and playful slapstick behaviors among students.The second part summarizes the source of school responsibility and the content of school security obligation.The legal basis for schools to assume responsibility in school bullying incidents is drawn,and then analyzed and defined.Finally,the contents of specific security obligations and responsibilities of the school are combed and commented.The third part is the constitution of school responsibility in the responsibility of campus bullying.Through the research of the imputation principle in tort behavior,this paper introduces the imputation principle of school responsibility in school bullying.Then it further summarizes the constitutive elements of the school’s undertaking of tort,focuses on the subjective standard and objective standard,and discusses the characteristics,forms and reference factors of the result of mental damage in the constitutive elements of tort.The fourth part elaborates the relationship between other responsibility subjects and school responsibility in school bullying,so as to clarify the liability rules of concurring school responsibility and guardian responsibility and concurring school responsibility and third party liability under the type of joint torts.The fifth part is the conception of implementing school responsibility in the case of school bullying.The non-lawsuit regulation mode of campus bullying is constructed,the school liability insurance system is established to fulfill the responsibility of the school,to protect legitimate interests.