“学校对未成年学生不承担监护职责”是《办法》对相关法律规范的明确,具有普遍适用性。《办法》存在缺陷,但对学校、教育行政部门有约束力,而法院判案时只作参考。学校承担学生伤害责任,应符合一般侵权责任要件。 “The school does not bear guardianship duty to the underage student ” is the “method” to the related law norm is clear, has the universal applicability. The Measures are flawed, but they are binding on schools and educational administrations, and the court only makes judgments when judging the case. The school bear the responsibility of student injury, should be consistent with the general elements of tort liability.