学生伤害事故法律责任述论

Legal responsibility in Students' Injury AccidentsBijie, Bijie Teachers College Guizhou

学生伤害事故是指学生在校期间或在与学校有关的教育活动中发生的人身伤害事故。近些年来,此类事故时有发生,成为教育界、法学界甚至社会各界关注的热点之一,如何认定学校的法律责任,学校承担法律责任的类型和方式等问题成为人们关注的焦点。但是,到目前为止,有关这方面的研究仍处于起步阶段。理论研究的滞后导致实践操作的困难。现实中主要表现为学生伤害事故不能得到正确、及时、有效和公正的处理与解决。基于此,根据我国现行法律的规定,结合学校实际情况,对此进行简要论述。

Students' injury accidents are physical injuries of students in schools and educational processes relating to schools. in recent years, accidents of this kind happened now and then, which has become one of the hotspots of educational circle, jurisprudential circle and other circles of our society. And the problems such as the cognizance of the legal responsibility of schools, kinds and modes of legal responsibility, which schools bear, have become hotspots which many people pay attention to. However, up to now, researches of this aspect are just starting. the situation that the theoretical researches lag leads to difficulty in practice. Representation in reality mainly is that students' injury accidents can't be settled rightly, duly, effectively and justly. Basing on this and regulations of laws in present china, combining with practical situation of schools, the author analyses this problem roughly.