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《学生伤害事故处理办法》等部门规章是行政裁判和司法救济的参照依据。学校与学生之间首先是基于学校任务与宗旨的特殊法律关系,即教育、管理和保护的关系,但也不排除学校以民事主体的身份参与民事活动,形成委托监护或民事合同法律关系;学生离开了学校即成了一个社会人,同其他一般人身伤害事故处理一样,依据普适性的相关法律法规处理;事故原因的复杂性导致事故主次责任不好区分。
Measures for the Administration of Student Injury Accidents and other departmental rules are the reference basis for administrative adjudication and judicial relief. The first is the special legal relationship based on the mission and purpose of the school, that is, the relationship between education, management and protection. However, it is not excluded that the school participates in the civil activities as the civil subject and forms the entrusted guardianship or the civil contract legal relationship. The students Left the school that has become a social person, with other common personal injury accident treatment, according to the universal relevant laws and regulations deal with; the complexity of the accident causes the primary responsibility for the accident is not good distinction.