学生伤害事故案件司法诉讼现状及特征分析——基于517份民事判决文书的实证研究

Analysis of the Status and Characteristics of Judicial Proceedings in the Case of Student Injury Accident： An Empirical Study Based on 517 Civil Judgment Documents

The authors conducted an empirical study using 517 student injury accident cases retrieved from wenshu. court， gov. cn in 2016. They analyzed the characteristics of these cases in the aspects of regions， grades， time and space， types and investigation levels， and the findings are as follows： in the jud--cial proceedings， most of the student injury accidents were education agency liability dispute cases； the legal relationship between school and students was education and management； school fault in these acti- dents were considered reaching the “medium” objective standard and school had higher accountability than other parties； that school should implement their obligations such as ensuring public safety， predicting and attending to student can be an effective defense in the sports injury cases; the application of law were main- ly based on regulations and laws lke Law of Tort， but there were also disputes and mistakes. It s suggested that in order to ensure the physical and mental health of the students， the school safety management should be strengthened in the aspects of legislation， judicature， the selection of legal advisers and the co- operation among schools， families and communities.