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本文主要探讨了学生伤害事故赔偿责任问题,全文主要分为两个部分,一是探讨了学生伤害事故赔偿责任的归责原则问题。目前,学界主要有过错责任说、无过错责任说以及公平责任说等三种观点,笔者认为应当以过错责任为主,同时兼顾公平责任。二是探讨了学生伤害事故赔偿责任的构成要件。笔者结合司法解释的相关规定,认为学生伤害事故赔偿责任应具备四个构成要件,即须有违法事实存在、须产生损害事实、违法行为与损害事实之间有因果关系以及学校有主观过错。
This article mainly discusses the student liability for injury accident, the full text is divided into two parts, one is to discuss the liability liability principle of student injury accident. At present, the academic circles mainly have three kinds of views: fault liability, faultless liability and fair responsibility. The author believes that fault liability should be the main consideration and fair responsibility should be taken into account at the same time. Second, it explores the constitutional requirements of liability for student injury accident. Based on the relevant provisions of judicial interpretation, the author believes that the liability for injury of students should have four elements, that is, the existence of illegal facts, the fact of damage, the causal relationship between the illegal act and the damage, and the subjective fault of the school.