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The imputation principle of school tort liability
Legal analysis

Schools or educational institutions shall bear the responsibility, and those who can prove that they are not at fault shall not bear the responsibility. The imputation principle of third party infringement is fault imputation, and those who are at fault bear the responsibility. If the school fails to fulfill its responsibilities, it shall bear supplementary responsibilities. The definition of imputation principle is the general standard to determine whether the infringer should bear the liability for tort damages. It is a principle to determine whether the infringer needs to bear civil liability for the damage caused by his own behavior when the damage fact has occurred. The principle of imputation is the fundamental rule to attribute the damage to the infringer, which determines the conditions of liability constitution, burden of proof, exemption conditions, principles and methods of damage compensation, and conditions for reducing civil liability. It is not only the basic principle of tort legislation, but also the basic principle for judges to deal with tort disputes.

legal ground

Article 1200 of the Civil Code of People's Republic of China (PRC) stipulates that if a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, the school or other educational institution shall bear tort liability.