近年,随着公民维权意识的增强,中小学生家长与学校因学生伤害事故诉诸法律的民事案件逐年增多。随着对未成年人司法保护的增强,在法律框架内,法官对学生受害案的司法裁量也在发生“偏移”。具体表现在对学校的责任认定、对受害生的精神索赔的支持力度和对责任教师追偿的启动上。学校是一个教书育人的场所,虽然不是未成年学生的监护人, In recent years, with the increasing awareness of citizens’ rights protection, the number of civil cases involving parents and schools of school students in resorting to law due to student injury accidents has been increasing year by year. With the enhancement of the judicial protection for minors, the judicial discretion of judges in the case of student victimization is also undergoing “deviation ” within the legal framework. Specifically manifested in the school’s responsibility to determine the spirit of the victim’s claim for compensation and support for the recovery of responsible teachers on. The school is a teaching and educating place, though not the guardian of the minor student,