Chinese universities generally adopt a “closed” management model. If a student suffers an injury accident, regardless of the cause, the student’s parents will generally pursue the school for civil liability for compensation, and universities often provide compensation. This phenomenon is not in accordance with legal provisions. University students are fully capable of civil conduct, and the relationship between universities and students is neither a “guardianship” relationship nor a “entrusted guardianship” relationship, but a “entrusted education and management” relationship, which is theoretically a contractual legal relationship. In this legal relationship, universities have the obligation to educate, manage, and ensure the safety of students. If a student suffers an injury accident during their time at school, the principle of “fault liability” in civil law should be applied, rather than the principle of “presumption of fault” for persons without civil capacity. The concept of holding universities liable for “no-fault” liability has no legal basis and is also unfair. Universities only bear corresponding legal responsibility based on fault if they fail to fulfill their corresponding education and management obligations and safety guarantee obligations. If a student suffers an injury accident due to their own fault, the fault of a third party, or force majeure, and the university has fulfilled its relevant obligations, it does not need to bear legal responsibility.
References
[1]
Lao, K.S. (2000) School Accidents and Their Legal Responsibilities. People’s Education, No. 10, 32-35.
[2]
Fang, Y.Q. (2004) Legal Responsibility and Identification Standards of Schools in Student Injury Accidents. Political and Legal Forum, 21, 32-35.
[3]
Jia, Z.M. and Yuan, H.Q. (2003) Legal Analysis of the Principle of Attribution of Responsibility for School Student Injury Accidents. Journal of Hebei Normal University (Philosophy and Social Sciences Edition), No. 4, 32-35.
[4]
Wang, Y.H. (2005) On the Legal Relationship and Legal Order of Higher Education. Journal of Bohai University, 13, 57-58.
[5]
Yang, Q.Q. and Jin, R.J. (2019) Rational Reflection on Injury Accidents of College Students from the Perspective of Rule of Law. Exploration of Higher Education, 194, 22-29.
[6]
Shen, S.P. and Zhou, H. (2018) Review and Prospect of Legislation on Handling Student Injury Accidents. Global Education Outlook, 47, 118-128.
[7]
Fang, F. and Chen, T. (2018) Determination of Responsibility and Risk Prevention for Student Injury Accidents: An Empirical Study Based on 510 Judicial Litigation Cases in 2017. Fudan Education Forum, 16, 27-33.
[8]
Dai, J. (2020) Key Points for Preventing Student Injury Accidents from Judicial Case Data in Shaanxi Province. Teaching and Educating, No. 11, 25-28.
[9]
Song, J.H., Sun, X.F. and Li, C. (2018) Research on the Legal Responsibility of Universities in Sudden Incidents of College Student Suicide. Journal of Hebei Normal University (Education Science Edition), 20, 114-118.
[10]
Gong, X.J. (2016) Types and Responsibility Determination of Personal Injury Accidents among College Students. Journal of Hubei University of Science and Technology, No. 9, 22-26.
[11]
Li, Y.Z. (2012) Legal Liability, Handling, and Prevention of Injury Accidents Involving College Students. Journal of Yunnan University (Law Edition), 25, 104-108.
[12]
Li, T.G. (2017) Experience and Enlightenment of Dealing with Injury Accidents Involving College Students in Developed Countries. Journal of the Party School of the Leshan Municipal Committee of the Communist Party of China, 19, 94-98.
[13]
Wang, P. and Chen, S.P. (2012) Experience and Reference in Handling Injury Accidents among Foreign University Students: Taking the United States, the United Kingdom, and Japan as Examples. Journal of Liuzhou Vocational and Technical College, 12, 25-29.
