学生人身伤害中学校责任及救济问题研究——以“福建南平惨案”为例.pdfVIP

筑和完善最低生活保障制度，再次要建立刑事被害人救助补偿制度。 关键词：学生人身伤害，学校责任，归责原则，社会救济 II Study of school liability and remedy problems in students’ personal injury—一case of‘Fujian Nanping tragedy’’ Abstract “Fujian Nanping tragedy’occurred，a criminal with civil compensation is difficult to perfonn， the responsibility of the school was mentioned，Nanping City Experimental primary school should not bear the responsibility?What responsibility should bear?If the school doesn’t assume responsibility,then how can the victims and their families be compensated?On these problems， people talk about from different perspectives，different opoinions．So it is very important to sort out these problems for the correct handling of student injury compensation disputes，protection of the students’legitimate rights and interests，maintaining of the normal teaching management order of the sch001．The paper is divided into three parts The first part introduces the case of“Fujian Nanping tragedy’，and analyzes the focuses of dispute，in order to extract the main problems existing in this case． The second part is the specific analysis of the school responsibility about“Fujian Nanping tragedy’．This chapter is a key part of this paper，discussed from four aspects．The first aspect is the theoretical analysis about the property of school responsibility．This aspect analyzes many standpoints about the property of school responsibility,for example the theory of responsibility serving as guardian，the theory of responsibility of breaking contract，the theory of legal responsibility．On this foundation，incorporating the rules of our law,I point out the legal relationship between school and nonage students isn’t wardship and contractual relations，but a special legal relationship of education，the responsibility of school is legal education，management and protection．The second aspect is the theoretical analysis about responsibility principle of school accident．The author holds her ground that under normal circumstances the fault responsibil