學校事故的國家賠償責任

Translated title of the thesis: The State Compensatory Liability of School Accidents
  • 惠文 劉

Student thesis: Master's Thesis

Abstract

The purpose of the fundamental right to education is to protect students’ self-fulfillment. Schools are the main places to protect the fundamental right to education. Hence, Schools should give students the equity of learning on the one hand; they should protect students’ right to learn safely on the other hand. Both all are fundamental right to education primary coverages, similarly important. In other words, the premise that the student can go to pursue its self-fulfillment because of the study is: A security no worries school environment.
To achieve the student safety of fundamental right to education safeguard goal, must penetrate each different function way which the subjective right function and the objective method function of fundamental right to education interweave become, i.e. student parents, teacher and school three keeps in balance the relations, but constructs in the constitution is most greatly possible fundamental right to education realization the protection network. Being a participant of ensuring the fundamental right to education can be carried out, parents’ education right should focus on children’s self-fulfillment. If schools have bad influence on students’ self-fulfillment, parents could claim their dissension and refuse the education of schools. When Teachers work on educational activities, the must keep high attention for students’ life and body security. What’s more, in order to maintain the safe educational environment for students, schools should prepare or build up the educational conditions that give students prefect facilities and environment. When school accident occurs, it indicates that the students right to accept safely education possible to have been violated. At this time, the most important thing is to confirm whether the state compensatory liability of teacher and school is been established or not. The project try to discuss that whether teachers, as public functionaries of state compensatory liability Act, and schools, as state-owned public facility of state compensatory liability Act, can establish state compensatory liability or not. Moreover, the project also try to make clear that whether private school teachers can be regarded as public functionaries of state compensatory liability Act or not, and whether private schools can be included in state-owned public facility or not. According to the discussion of this project, harmed students can obtain deserved compensation, and construct a system of state compensatory liability.
In the school accident the state compensatory liability tenable important document, regarding the public elementary and middle schools teachers, because national compulsory education implementation, has decided its work highly public; Thus the teacher is engaged in according to the education laws and regulations in official business, should belong to the official who the state compensatory liability law stipulated. The private school teacher teaching activity also belongs exercises the civil rights strength behavior, conforms to the state compensatory liability law 4th 1st stipulation: “Is entrusted to exercise association of the civil rights strength, it carries out person of the duty in when exercising the civil rights strength, regards with entrusts official of the institution.」When, the teacher in is engaged in the pedagogical activity to the student has pays attention for their life and body security, if violates the student freedom or the right, the country should take the state compensatory liability. As for public school facility, because if establishes or the management has is short of, causes the student to receive the harm, country should establish the state compensatory liability law 3rd compensation responsibility. But the private school facility, by no means belongs to the state compensatory liability law 3rd 1st item of public utility responsibility, because if the private school facility establishes or the management has is short of, when causes the student receives the harm, should by the private school take civil responsibility.
Date of Award2008 Jan 21
Original languageChinese
SupervisorYue-Dian Hsu (Supervisor)

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