“小锋诉小田、梁平县大观镇中心小学生命权、健康权、身体权纠纷”案例分析
发布时间：2019-05-17 16:42
【摘要】：未成年人是祖国的未来,民族的希望,保护其健康成长是全社会共同的责任。但一起起校园侵权案件的频繁发生却深深地刺痛了学生、家长和老师的心,引发了全社会人民的关注。本文以一起未成年学生校园侵权案件为切入点,该案发生在2011年,地点是重庆市梁平县贫困山区的乡村学校,涉及的双方都是留守儿童,第三方是学校,造成的损害事实是一名孩子左眼终生残疾,最后因为经济赔偿问题无法达成一致而诉至法院。包括学校在内,涉案者均是弱势群体,法官划分责任异常艰难,不仅要安抚人身权受损人,还要考虑其他责任人经济上是否能够承受,更要考虑案结之后当事人还会在同一所学校,同一班级相处等“法律之外的问题”。本文是一篇未成年学生校园侵权案的案例分析,针对案件提出的主要争议焦点有八点,分别涉及到了侵权责任中的“招惹规则”、“过错认定”、“因果关系”、“学校与学生的法律关系”、“教师与学生的法律关系”、“监护人客观不能履行监护义务的过错”以及“各侵权责任人的责任承担”等八个方面。未成年学生校园伤害事故发生后,必须妥善进行处理,才能确保校园和家庭的和谐稳定。本文从侵权法角度,通过对未成年学生校园侵权案件的责任构成、责任承担及减责事由三个方面进行分析,期能够在庭审角度尽最大可能妥善处理、化解矛盾、降低损失,从而确保家庭、校园、社会的和谐,保护少年儿童健康成长。全文共分为四个部分,第一部分通过对小锋诉小田、大观镇中心小学生命权、健康权、身体权纠纷的案例介绍,对本案裁判理由与裁判结果进行了评述并从案例中归纳出本案存在的争议焦点问题;第二部分对争议焦点问题进行梳理分析并结合未成年学生校园侵权案件的责任构成、责任承担及减责事由这三个方面对八个争议焦点进行了全面分析,提出本案中笔者认为法院判决存在的几个缺陷问题;第三部分是综合前面的分析得出本案的结论;第四部分就审理未成年学生校园侵权案件时划分责任的注意事项提出了自己的意见和建议,以期对未成年人提供更好的司法保护。本文的主要论述点:一是小锋“推”小田,构不构成“招惹”,属不属于“过错”,以及侵权责任法中的“因果关系”,对招惹、过错、因果关系三方面做了比较和论述;二是通过剖析争议焦点论述学校的责任;三是结合留守儿童的现状论述未成年人监护人的责任。最后,笔者重新划分了各侵权责任人的责任承担。
[Abstract]:Minors are the future of the motherland, the hope of the nation, the protection of their healthy growth is the common responsibility of the whole society. However, the frequent occurrence of campus infringement cases has deeply pierced the hearts of students, parents and teachers, and aroused the attention of the whole society. This paper takes a case of campus infringement of underage students as the starting point, which occurred in 2011 and is located in a rural school in the poor mountainous area of Liangping County, Chongqing. Both sides are left-behind children, and the third party is the school. The damage was caused by a child's lifelong disability in the left eye and finally brought to court because of the inability to reach an agreement on financial compensation. Including schools, those involved are vulnerable groups, and it is extremely difficult for judges to divide responsibilities, not only to appease people with damaged personal rights, but also to consider whether other responsible persons can afford it financially. It is also necessary to consider that after the completion of the case, the parties will also get along in the same school, the same class and other "outside the law." This paper is a case analysis of the campus tort case of underage students. There are eight main controversial points in the case, respectively, involving the "provoking rules", "fault identification" and "causality" in tort liability. There are eight aspects: "the legal relationship between the school and the students", "the legal relationship between the teacher and the student", "the fault that the guardian is objectively unable to fulfill the guardianship obligation" and "the responsibility of each tort responsible person". After the campus injury accident of underage students occurs, it must be properly dealt with in order to ensure the harmony and stability of campus and family. From the point of view of tort law, this paper analyzes the liability composition, liability burden and reduction of responsibility of underage students in campus tort cases from three aspects, in order to deal with them as properly as possible from the perspective of trial, resolve contradictions and reduce losses. So as to ensure the harmony of family, campus and society, and protect the healthy growth of children and adolescents. The full text is divided into four parts. The first part introduces the cases of Xiaofeng v. Oda, the central primary school of Daguan Town, the right to life, the right to health and the right to physical rights. This paper comments on the reasons and results of the adjudication of the case and sums up the controversial focus of the case from the case. The second part combs and analyzes the focus of the dispute and combines the liability composition of the campus tort cases of underage students, and makes a comprehensive analysis of the eight controversial focuses from these three aspects. In this case, the author thinks that there are several defects in the court judgment. The third part is to synthesize the previous analysis to draw the conclusion of this case; the fourth part puts forward its own opinions and suggestions on the matters needing attention in the trial of minor students' campus tort cases, in order to provide better judicial protection for minors. The main points of this paper are as follows: first, Xiaofeng "pushes" Oda, does not constitute "provoking", whether it belongs to "fault", as well as the "causality" in tort liability law, and makes a comparison and discussion on the three aspects of provoking, fault and causality; The second is to discuss the responsibility of the school through the analysis of the focus of the dispute; the third is to discuss the responsibility of the guardian of the minor according to the present situation of the left-behind children. Finally, the author redivides the liability of each tort responsible person.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.1
本文编号：2479251
[Abstract]:Minors are the future of the motherland, the hope of the nation, the protection of their healthy growth is the common responsibility of the whole society. However, the frequent occurrence of campus infringement cases has deeply pierced the hearts of students, parents and teachers, and aroused the attention of the whole society. This paper takes a case of campus infringement of underage students as the starting point, which occurred in 2011 and is located in a rural school in the poor mountainous area of Liangping County, Chongqing. Both sides are left-behind children, and the third party is the school. The damage was caused by a child's lifelong disability in the left eye and finally brought to court because of the inability to reach an agreement on financial compensation. Including schools, those involved are vulnerable groups, and it is extremely difficult for judges to divide responsibilities, not only to appease people with damaged personal rights, but also to consider whether other responsible persons can afford it financially. It is also necessary to consider that after the completion of the case, the parties will also get along in the same school, the same class and other "outside the law." This paper is a case analysis of the campus tort case of underage students. There are eight main controversial points in the case, respectively, involving the "provoking rules", "fault identification" and "causality" in tort liability. There are eight aspects: "the legal relationship between the school and the students", "the legal relationship between the teacher and the student", "the fault that the guardian is objectively unable to fulfill the guardianship obligation" and "the responsibility of each tort responsible person". After the campus injury accident of underage students occurs, it must be properly dealt with in order to ensure the harmony and stability of campus and family. From the point of view of tort law, this paper analyzes the liability composition, liability burden and reduction of responsibility of underage students in campus tort cases from three aspects, in order to deal with them as properly as possible from the perspective of trial, resolve contradictions and reduce losses. So as to ensure the harmony of family, campus and society, and protect the healthy growth of children and adolescents. The full text is divided into four parts. The first part introduces the cases of Xiaofeng v. Oda, the central primary school of Daguan Town, the right to life, the right to health and the right to physical rights. This paper comments on the reasons and results of the adjudication of the case and sums up the controversial focus of the case from the case. The second part combs and analyzes the focus of the dispute and combines the liability composition of the campus tort cases of underage students, and makes a comprehensive analysis of the eight controversial focuses from these three aspects. In this case, the author thinks that there are several defects in the court judgment. The third part is to synthesize the previous analysis to draw the conclusion of this case; the fourth part puts forward its own opinions and suggestions on the matters needing attention in the trial of minor students' campus tort cases, in order to provide better judicial protection for minors. The main points of this paper are as follows: first, Xiaofeng "pushes" Oda, does not constitute "provoking", whether it belongs to "fault", as well as the "causality" in tort liability law, and makes a comparison and discussion on the three aspects of provoking, fault and causality; The second is to discuss the responsibility of the school through the analysis of the focus of the dispute; the third is to discuss the responsibility of the guardian of the minor according to the present situation of the left-behind children. Finally, the author redivides the liability of each tort responsible person.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.1
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