摘 要:近几年来,随着未成年学生伤害事故的频发,人身赔偿纠纷也逐年增多,不仅给学校和家长带来许多困扰,而且使整个教育事业蒙上一层阴影,严重阻碍了我国教育事业的健康、持续的发展。首先是从学生伤害事故的概念、类型和法定特征进行分析,学生伤害事故中的学生主要是指各级各类学校和教育机构在校学生及幼儿园的幼儿,不包括在校的大学生,学生伤害事故中的伤害事故指的是学生的人身受到他人伤害或是学生伤害到他人;其次是探讨学校与学生之间是怎样的一种法律关系,接着分析在学生伤害事故中学校责任的构成要件,学校责任的归责原则,从而发现现行学校责任立法存在的不足,最后提出一些关于学生伤害事故中学校责任的合理化建议。35799 毕业论文关键词:学生伤害事故;学校责任;归责原则
Study of school responsibility in students injury accidents
Abstract:In recent years ,with the minor students injury accident prone, personal injury compensation disputes also increased year by year, not only to the school and parents bring many problems, but also cast a shadow over the whole education cause, a serious impediment to the educational undertaking of our country healthy and sustainable development. The first is from the analysis of the concept of student injury accidents, types and legal characteristic, students’ injury accidents in students mainly refers to various schools and educational institutions, students and kindergarten children, not including college students, injury accidents in students injury accidents refers to the students who are hurt by others or students the harm to others;followed by discussion between school and students is a kind of legal relationship, and then analyzes the school responsibility in students is a kind of legal relationship, and then analyzes the school responsibility in students’ injury accidents of the elements, the principle of the school responsibility in students’ injury accidents of the elements, the principle of the school liability, so as to find the existing problems of school responsibility legislation, finally put forward some reasonable suggestions about accidents responsibility.
Key words: student injury accident; school liability; imputation principle
目 录