Legal analysis: the tort liability of educational institutions refers to the tort liability that educational institutions fail to fulfill their due education/management responsibilities when people without civil capacity or with limited capacity suffer personal injuries during their study/life in kindergartens/schools and other educational institutions. The direct tort liability of educational institutions is the tort liability that educational institutions should bear when they fail to fulfill their education/management responsibilities and cause damage to people without civil capacity or with limited capacity. The principle of imputation is fault liability. On the burden of proof, we distinguish between people with limited capacity for civil conduct and people without capacity for civil conduct. The victim is a person with limited capacity for civil conduct, and educational institutions adopt the principle of general fault. The victim needs to prove that the educational institution is at fault before he can ask the educational institution to bear the tort liability. The victim is a person without civil capacity and bears the responsibility of presumption of fault to the educational institution. Educational institutions need to prove that they have fulfilled their education/management responsibilities before they can not take responsibility.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 119 If a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the tort liability; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability.

Article 1200 If a person with limited capacity for civil conduct suffers personal injury while studying and living in a school or other educational institution, and the school or other educational institution fails to fulfill its educational management duties, it shall bear tort liability.

Article 1201 If a person without or with limited capacity for civil conduct suffers personal injury from a third party outside a kindergarten, school or other educational institution during his study and life, the third party shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may claim compensation from third parties after assuming supplementary responsibilities.