Analysis of the difficulties primary and secondary schools have in school accidents based on economics of law

Abstract

Primary and secondary school accidents involve many conflicting interests, complex relations and have a big social impact. While the whole society emphasizes the protection of the interests of minors, the interests of the school, as the main body of responsibility distribution, are often ignored. This paper intends to analyze the dilemma of school to undertake responsibility in primary and secondary school accidents from the perspective of law and economics, and holds that the ambiguity of legislation makes the judges have to refer to administrative norms in the practice of hearing school accidents. However, administrative norms with different leniency and strictness give rise to a large number of similar cases with different judgments. The Tort Law, based on civil law principles, confirms schools’ liability for accidents on campus in order to protect the interests of minors. Nevertheless, weak financial conditions of schools are likely to stimulate itself to transfer all the costs to the victims in school accidents. 基于法经济学的角度分析中小学校园事故中学校责任承担的困境