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我国目前的法律对民办培训机构和学生之间侵权纠纷的规定相对较少,只在《侵权责任法》第38条、第39条、第40条有相对笼统的规定。通过对《侵权责任法》如上三个条文的分析,发现《侵权责任法》对教育机构的侵权责任限定在人身损害的范围。本文旨通过对培训机构的法律地位进行定位,进而对培训机构与学生之间的关系进行界定,得出培训机构对学生承担相对具体范围内的侵权责任,为培训机构和学生之间的侵权纠纷化解提供一定的借鉴。
The current law in our country has relatively few provisions on infringement disputes between private training institutions and students, and there are relatively general provisions only in Articles 38, 39 and 40 of the Tort Liability Law. Through the analysis of the above three articles of Tort Liability Act, it is found that the Tort Liability Law limits the tort liability of educational institutions to the extent of personal injury. The purpose of this paper is to define the legal status of the training institutions and to define the relationship between the training institutions and the students. It is concluded that the training institutions bear the responsibility of infringing on the specific scope of the students and infringe the disputes between the training institutions and the students Resolve to provide some reference.