论教育机构责任之清整与重塑

Rectification of Responsibility for Educational Institutions

校园意外事件频发,在适用《侵权责任法》第38-40条审判的案例中,教育机构多承担不同比例的侵权责任,但教育机构责任的属性及法理依据争议极大。从司法实例及立法来看,教育机构责任研究停滞不前的原因在于《侵权责任法》体系安排不当,应审慎对待教育机构责任特殊性的问题,探索教育机构免责事由和风险分担机制。

Campus accidents have occurred frequently.It is found that educational institutions are charged with different proportions of tort liability based on analysis of cases adopting Articles 38-40 of the Tort Liability Act.However,judicial practice and academic research have great controversy over the attributes and legal basis of the responsibility.Based on the review of cases and legislations,this paper holds the inappropriate system of Tort Liability Law Act is the real reason for the stagnant research of educational institutions responsibility.Therefore,the special nature of educational institution responsibility should be treated cautiously,and the excuses and risk-sharing mechanisms should be explored.