未成年学生校园伤害事故中学校责任初探

未成年学生在校受到人身伤害 ,学校是否应当承担责任 ,依照何种原则承担民事责任 ,承担民事责任的大小如何确定 ,从未成年学生与学校的关系看 ,学校对未成年学生负有一定的保护、监督管理职责 ,但不是监护关系。学校应承担与其注意义务相适应的民事责任 ,而学生的年龄也是判断学校责任大小的标准之一。

On the Liability of School for Injured Students under the Age of 18

If some student under the age of 18 was damaged in one school, should the school be liable for the damage? According to which imputation principle should the school be assumed the liability? How should we decide the rate of the liability of the school? From the relationship of the students under the age of 18 and the school,the school has the duty of protecting and administrating the students.The relationship is not warship relationship.In the accident of injured students in the campus,the school should has the civil duty according to its attention responsibility.The age of the students is the stadard of the duty.