学生在校受伤害,校方应否担责（Students hurt, the school should bear responsibility）.docVIP

学生在校受伤害,校方应否担责（Students hurt, the school should bear responsibility） Students hurt, the school should bear responsibility? Authors: Zhou Jun, Zhang Lihua, release time: 2011-09-07 09:56:06 [case] June 8, 2010 morning at 7:40 PM, read early in not before, before the students in a primary school in Liu (six years old), Huang (six years old), the second grade students (nine years old), Zhu Yao Wu and several students in the school playground to play the game, crossing the river Hwang was the River was accidentally fell on the stone Liu side, and then hit by Liu Zhu, Zhu Yao again fell on the body, Zhu finally fell to the ground falls the left eye, eye bleeding spot. After the teacher knew, the plaintiff Zhu escorted to the township hospital for treatment. The next day, Zhu was removed from several hospitals abroad. Diagnosed by the hospital, Zhu left eye rupture, left eye traumatic cataract. For the treatment of eye injuries, Zhu spent a total of 14159.23 Yuan medical expenses. After the identification, Zhu injuries constitute disability level seven. Zhu parents for compensation and a primary school, Liu repeatedly unsuccessful negotiations, so the plaintiff to the court, asked the court to order the defendant to compensation for medical expenses, disability compensation, nursing expenses, mental damages solatium total of RMB 11.47 yuan. [disagreement] in the course of the trial, Liu took the responsibility and held no objection, but there were three different opinions on whether the school should bear the responsibility. The first view is that the relationship between the school and the students is a relationship between guardianship and guardianship. As long as the students enter the school, the guardianship is transferred from the parents to the school. No matter whether the school has caused any injury or disability in Zhus injury, it should bear the responsibility of guardianship. The second opinion, Zhu and Liu before class each other, disability caused by Zhu in