从一则案例入手,界定高校对学生有教育管理保护义务,学生即使是成年人,高校如果没有尽到注意义务,存在过错,仍应承担法律责任。但归责原则的确定,应以过错责任原则为主,在特殊情形下,适用过错推定原则,但排除适用无过错责任原则。在多个侵权行为共同造成学生伤害的事故中,在学校有过错的情况下,学校过错行为与学生伤害结果之间有直接因果关系的,学校应对学生伤害后果承担连带责任;学校过错行为与学生伤害结果之间没有直接因果关系的,只应承担按份责任,这样才能真正兼顾高校和学生两者的利益,维护双方的合法权益。 From a case study, the definition of college education and management of students obligation to protect students, even adults, colleges and universities fail to fulfill their duty of care, there is a fault, should still bear the legal responsibility. However, the principle of liability should be based on the principle of fault liability. Under special circumstances, the principle of fault presumption should be applied, but the principle of no fault liability should be ruled out. In the case of accidental injury caused by multiple acts of infringement, there is a direct causal relationship between the school’s fault behavior and the result of student injury in the case of a fault in the school. The school shall be jointly and severally liable for the consequence of the student’s injury; the school’s fault behavior and students There is no direct causal relationship between the injury results, and only bear the responsibility according to the copy, so as to truly take into account the interests of both colleges and students, and safeguard the legitimate rights and interests of both parties.