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我国侵权法以三个条文的篇幅设定的校方在未成年学生伤害事故中所适用的归责原则,均以过错的认定为中心,由此可见过错不仅是侵权责任法中的基本概念,更是未成年学生伤害事故中学校责任认定的核心。而在司法实践中,由于匮乏具体、科学的指导步骤,使得实践操作中价值判断不统一,从而影响法律的安定性和权威性。因此,法律人亦应秉承循序渐进、客观与主观相结合的原则,全面考察学校是否尽到了法律法规明文规定的、诚信善意人以及学生与校方之间有关校方保护、管理义务的约定三个方面的注意义务,来判断学校是否存在过错。
The principle of imputation applicable to juvenile student injury accidents set by the provisions of the three provisions of the tort law in our country is based on the identification of fault. Therefore, it can be seen that fault is not only the basic concept of tort liability law, but also It is the core of school responsibility recognition in the minor student's injury accident. However, in the judicial practice, due to the lack of specific and scientific guiding steps, the judgments of value in practice are not unified, which affects the stability and authority of the law. Therefore, the lawyer should also uphold the principle of gradual, objective and subjective combination, a comprehensive examination of whether the school has made the laws and regulations, expressly provided by goodwill and good faith as well as students and the school between the school protection and management obligations of the three aspects of the agreement Pay attention to the obligation to judge whether there is fault in the school.