论校内学生伤害事故处理归责问题

On the problems of responsibility in dealing with the injures of students in school

校内学生伤害事故处理是适用监护责任约定推定转移还是适用过错责任是一个引起广泛争议的问题 ,而且在立法、司法上也尚未形成统一、明确的认识。监护责任约定推定转移既不符合我国立法本意也不符合法理 ,而且在实践上有不可克服的弊病 ,因此只能适用过错责任原则。

It is a hot issue that either the transferred agreement of gandian′s responsibility or the fault responsibility should be applied to dealing with the injures of students in school.This paper holds that the transferred agreement of gardian′s responsibility disagrees with the legislative purposes and the theory of the law;besides,a lot of inevitable mistakes appear in practice.So the fault responsibility can only be applied to the ease of injury of students in school.