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近期第三人侵害学生人身权事故频发,学校的补充责任再度引发关注。在传统侵权法理论对相关问题争论不休难分高下的情势下,借助侵权法的经济分析工具,抓住问题核心,构建理论模型,层层推理,严密论证了补充责任的科学内涵、第三人侵权时学校承担补充责任的基础以及学校承担补充责任后是否享有追偿权等问题,最后运用保险经济学的分析方法,得出了校方责任保险有助于学校承担补充责任的结论。
Recently, the third party infringed on the frequent occurrence of student personal rights incidents, and the supplementary responsibility of the school once again raised the concern. Under the circumstance that the traditional theory of tort law argues against the related issues, with the aid of the economic analysis tools of the tort law, it grasps the core of the problem, constructs the theoretical model and layers reasoning, and concludes the scientific connotation of the supplementary responsibility closely. The third At the time of infringement, the school assumed the basis of supplementary liability and whether the school enjoyed the right of recourse after assuming the additional responsibility. At last, using the analysis method of insurance economics, it was concluded that the school-based liability insurance could help schools to assume the supplementary liability.