试论学校的侵权责任——兼论学校对未成年人的保护

Civilliability of Schools for Their Infringement Acts toward Students: Or protection for Juveniles

学校法律地位和学生与学校的法律关系是确定学校侵权责任的基础 ;学校对学生造成侵权责任的性质和构成要件有其自身特点 ;学校侵权的法律适用包括民法和教育法律、法规 ;限制民事行为能力的学生对侵权行为的发生有过错的 。

The article first explores that the civil liability a school should undertake for its infringement acts towards the students is basically defined by the legal status of the school concerned and the legal relationship between the school and its students, then it points out that the above mentioned civil liability has special nature and requisites to constitute the juristic acts and should be applied to the Civil Law and the correspondingly educational legal privious and regulations. And also ,this article puts forward that the school in question should assume reduced responsibility on condition that the students with the limited capacity for civil conduct have performed some worngful acts .