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当今社会,高校学生伤害事故频发并引起社会的强烈关注。如何妥善处理高校学生伤害事故,依法厘清高校责任,既是维护学生合法权益的需要,亦是维护高校教学秩序,维护高校和谐校园建设的需要。高校与学生之间,既非大陆公法学说认为的特别权力关系,亦非私法契约理论认为的私法契约关系或者简单地适用美国宪法理论,更非盲目套用的监护关系,相比之下,双重法律关系说更值得借鉴与探讨。因此,学生与学校之间除有明确的合同关系外,学生伤害事故更应该适用侵权责任法来界定责任。
In today’s society, college student injury accidents are frequent and aroused strong concern in society. How to properly deal with the injury accidents among college students and clarify the responsibility of colleges and universities in accordance with the law is not only the need of safeguarding the legitimate rights and interests of students but also the need of maintaining teaching order and maintaining the construction of a harmonious campus in colleges and universities. Between universities and students, it is neither the special power relationship considered by the theory of civil law in the Mainland nor the contractual relationship between the private law and the contractual relationship of the private law as contracted by the private law theory, or simply applied to the US constitutional theory and the non-blind custody relationship. In contrast, the dual law Relationship is more worth learning and discussion. Therefore, between students and schools in addition to a clear contractual relationship, student injury accidents should be more applicable to tort liability law to define the responsibility.