未成年学生受侵害时学校之民事责任研究

Study on School's Civil Liability when Minor Students Aggressed

当前,对于未成年学生受侵害时学校应承担何种民事责任颇多争议,其核心问题为学校究竟是不是学生监护人.让学校成为学生的监护人既有违法理、法规,也与我国的现实情况不相适应.学校是学生的管理者,应当承担管理责任,其归责原则是过错原则和公平原则.

At present, there are a lot of debates about which kind of civil liability should be borne by the school in which the students studied when minor students are aggressed, whose central problem depends on whether the school is guardian of the students. It violates legal principle and rules that the schools is viewed as guardian of the students, it is also not suitable the current situation of China. School is a management of students and just bear management liability.