过错主义归责原则在校园伤害事故案件中的运用

The Utilization of Fault Liability in Campus Accident Case

随着中小学校园伤害事故频发,学生家长要求学校赔偿的诉讼逐年增多,学校应否承担责任和承担多大的责任成为社会关注的焦点。从校园伤害事故的概念、类型入手,论述该类案件属传统侵权案件,应适用过错主义归责原则而不适用无过错主义原则,在特殊情况下可适用公平责任原则。在此基础上提出将保险责任引入校园伤害事故案件中,以利于在不影响正常教学秩序的同时充分维护学生的合法权益。

As the accidents in elementary and middle schools occur frequently,lawsuit of these compensations which the student＇s parents request school, is increasing year by year. Whether the school should takeover the responsibility or not becomes the focal point which the society pays attention. This article begins with the concept and types of campus accident case, the writer thinks it should use fault liability but not no-fault liability. In some special situations it can also use fairness liability. Basing on this, the writer propose that we should introduce safe responsibility to campus accident case, which is advantageous to not affect the normal teaching order and defend students＇ legitimate rights and interests.