Results have been significant issues remaining _61

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Effectiveness of the remaining issues have been significant

Shanghai Research and Consultation Centre for Legal Education Tan Xiaoyu

a long time, China's primary and secondary school students refractory injury, treatment is difficult, in large part because no laws. September 1, 2001, China's first deal with local laws and regulations campus accident (Subsequently, a number of other provinces (autonomous regions and municipalities) have developed a school of accidental injuries in the implementation of regulations or rules, or regulations are being drafted research, has fundamentally changed the handling of campus accident no legal basis in the passive situation. Through legislation, defined the responsibilities of the school on the nature of the students, the school established the principle of responsibility attribution and refine the scope of the school management responsibilities, provides for dealing with campus accident dispute settlement, as defined in the student injury damages projects and standards, suggested a solution for damages campus accident sources of funding channels. Practice shows that the development of special regulations on campus injuries, according to the law campus accident, is not only necessary but also feasible, this view has been the school, parents, judicial recognition.

First, campus accident the important principle of the special legislative provisions, have been recognized by the national judicial and judicial recognition and judgments of the Court.

adult education and of course the school is transferred. Educational institutions shall bear the education of minors, management and protection obligations,[link widoczny dla zalogowanych], because the fault did not do the corresponding obligations, thereby causing injury to students, schools should bear corresponding civil liability with fault. Judicial interpretation of the provisions of educational institutions defined the responsibility of the students the nature of injuries. In judicial practice, the Accordance with the principles and content of it, for a number of courts which provide a useful reference, the recognition by the judiciary.

Second, campus accident promulgation of special regulations, implement and effectively regulate the school routine management activities and the management responsibility of teachers, increasing the awareness of prevention in schools, improve the school's legal responsibility. Injuries in school, a considerable part by the strong sense of school prevention and management measures in place accidents caused. Legislation explicitly protecting the safety of students of the school's responsibility to strengthen the preventive measures to encourage schools to take measures to eliminate safety hazards and effectively reduce the occurrence of accidents.

Third, protect the normal development of quality education. Owing to the Student Injury Prevention and Treatment of the lack of specific basis on which the school education and teaching activities in the organization is difficult to clear their own responsibilities. Occurrence of primary and secondary school students in some injuries for fear of reduced or even eliminated extra-curricular activities, social activities, and even some physical education a required subject. This Establish and improve the prevention and treatment of injuries of the system of students and a good legal environment, a clear responsibility for school safety, strengthen safety awareness for schools to carry out a variety of educational and teaching activities, the full implementation of quality education, a guarantee mechanism.

Fourth, parents or guardians awakened awareness of the law, prompting them to better perform consciously legal custody of the child. Because the causes of injuries are more students from their own misconduct caused the child, the parents understand the safety education as the focus of family education is the obligation of the parents. The guardianship of the child safety responsibility, which is a legal obligation, parents are obliged to protect children's health and safety.

, of course, campus accident legislation because there are some problems yet to be further improved.

as a departmental regulations, the regulations.

Especially given the uneven social and economic development all over the country, large differences between eastern and western regions, through insurance, the school's responsibility for risk and compensation for more shared by the community to reduce the economic pressure on schools and students is an urgent need to resolve the contradiction. Only after the commercial insurance payments as a way of relief, it does not solve the question of legal responsibility, will not solve all the damage Peifu, and will produce some of the legal problems and disputes with.

Compliance, usage on the premise that knowing, understanding, and only through effective legal advocacy and education methods and approaches, producing user-friendly publicity material for the content approach is more widely accepted by society. The campus accident laws and regulations concerning the spirit, the basic content of family households Xiao-Yu, to raise awareness of prevention, treatment and resolution of disputes according to law.

but need to point out that the provisions of the legislation need to be further refined in order to facilitate understanding and enhance interoperability. Unclear or difficult to define some of the words to express the need for implementation rules to prevent evasion of responsibility for the party, do not fulfill their statutory obligation to provide space and an excuse.

In addition, the object in the application has yet to be distinguished, refined. Currently the vast majority of primary and secondary school students are minors, the limited capacity (full ten years of age) or incapacitated person (under the age of ten years of lower primary students), college students, mostly adults, school age students and young students to assume management of the different statutory responsibilities of different groups of students should do some responsibility for their different capacity for different people deal with injuries, how to discriminate, but also requires further study.