中国における学校事故の法的責任に関する考察(教育政策フォーラム,IV 投稿論文・教育政策フォーラム)

抄録

Through a study of the relevant Chinese laws and legal cases concerned with school accidents, this article sets out an analysis of legal responsibility for three kinds of school accidents. The analysis finds that the laws and cases tend to support the theory of fault (Prinzip der Culpahaftung) with regard to the imputation of school accidents, especially accidents caused by boys and girls. From the viewpoint of guaranteeing "the best interests of the child" and the provision of children's rights to safe education, it is necessary for China to establish as soon as possible a high-quality school safety legal system covering school equipment, school insurance and some other laws and regulations.