未成年学生在校发生损害的民事法律责任

On Civil Legal Liability of Minor Students Being Harmed at School

中小学校不是未成年学生的监护人 ,不负监护之责 ,而是负教育和管理的责任。未成年学生损害发生在学校保护范围内是学校承担其民事责任的前提。学校承担未成年学生在校发生损害的民事责任除了主要适应归责原则之外 ,还应适应过错推定责任原则。

The primary and middle schools are not the guardian of the minor students and they don't keep the guardianship.However,they take the resposiblity for education and management.The premise of school taking civil legal liability is that the minor students being harmed should occur in the extent of the school's guarding.That the school taking civil legal liability of minor students being harmed at school should accommodate mostly to the principle of fault responsiblilty,beside this,to the principle of fault by inference,fair and no-fault responsiblity.