学校事故责任之我见

My Opinions About The Liability For School Accidents

近年来 ,我国中小学生在校人身伤害事故呈逐年上升趋势 ,由此引发的纠纷与日俱增。目前 ,我国对于校园伤害事故的处理包括责任分配、赔偿数额及处理程序等缺乏统一的法律保障及有效的解决机制。本文着重介绍了当前我国学校事故引发理论纠纷和实践困惑的几个问题 。

In recent years, the trend of personal injury accidents that middle school students and primary pupils suffered by is increasing year after year in schools of our country, and the disputes arisen for this increase day by day. At present, we are short of unified legal protection and valid settling mechanism about the handling of such accidents in our country, which includes liability distribution, compensation amount, handling procedure, etc. Facing the injury accidents suffered by middle school and primary students, there is no explicit regulations about what legal liability schools and teachers should undertake, which results in the fact that once hurtful accidents happen in schools, schools and teachers are treated easily as defendants and the schools feel great pressure. Especially they cannot afford the compensation. Owing to the great insufficiency of compensation expenditure, and the difficulty in dealing with the problem after accidents. Some schools compulsorily stipulate that students cannot run and bounce at random in schools, and even the physical education class is simplified once and again, so that the education for all-round development is affected. In this article, the author stresses on introducing several questions about the theoretical disputes and practical perplexity arisen form the school accidents of our school, for example, what are school accidents? Are schools students' guardians? What liability do schools undertake? and so on.