现在将未成年学生在学校发生的伤害赔偿纠纷诉讼于法院的案件日益增多,对于未成年人在学校发生的伤害事故,谁该承担责任?监护权的归属如何?众说纷纭,莫衷一是。正确认识监护的本质,理顺学较与学生法律关系的性质,在此基础上确定学校是否应当承担责任,成为理论界亟待解决的一个热点话题。这也是笔者写作这篇文幸的目的。 At present, there are increasing cases of lawsuits filed by the minor students in schools for compensation for damages. Who should bear the responsibility for injuries that occur to minors in schools? What is the ownership of guardianship? There are many different opinions. Correct understanding of the nature of custody, straighten out the nature of the relationship between the school and the law of students, on the basis of which to determine whether the school should take responsibility, has become a hot topic to be solved urgently in the theory circle. This is also the author’s purpose of writing this article fortunately.