Legal liability refers to the mandatory legal consequences that must be borne because of illegal acts. Carrying out certain illegal acts is a necessary prerequisite for assuming legal responsibility. Legal responsibility is a very important part of the theoretical structure of education law, which is of great significance to the implementation and supervision of education law.

According to the different nature of illegal acts, legal liability can be divided into administrative legal liability, civil legal liability and criminal legal liability. Administrative legal responsibility is the legal responsibility that the actor should bear because of administrative violation, which is referred to as administrative responsibility for short; Civil legal liability refers to the legal liability for compensation or compensation caused by civil violations or specific legal facts, referred to as civil liability; Criminal legal responsibility refers to the legal responsibility of being punished for criminal violations, which is referred to as criminal responsibility for short.

(B) the classification of legal responsibilities stipulated in the Education Law

The legal liability stipulated in the Education Law includes the legal liability stipulated in a series of legal documents such as China's education laws, regulations and rules, not just the legal liability stipulated in the 1995 Education Law. These legal responsibilities are mainly concentrated in the ninth chapter of the Education Law, the eighth chapter of the Teachers Law, and the Interim Measures for the Implementation of Educational Administrative Punishment.

Education laws and regulations stipulate a large number of legal responsibilities, which can be classified according to different standards.

First of all, according to the different nature of illegal acts, legal liability can be divided into administrative legal liability, civil legal liability and criminal legal liability. Because the basic nature of education law can be defined as the general name of normative documents regulating the relationship between education and administration, it has the attribute of administrative law, so its legal responsibility is mainly administrative legal responsibility.

There are two main ways to undertake administrative legal responsibility. One is administrative punishment, which is the disciplinary measures taken by the state administrative organs against the state staff who have committed minor violations of the law and dereliction of duty, including warning, demerit recording, gross demerit recording, demotion, dismissal and expulsion. The other way is administrative punishment, which is a kind of punishment measure implemented by the subject who enjoys the right of administrative punishment to individuals or organizations who violate administrative legal norms but are not enough for criminal punishment. In the field of education, the types of educational administrative punishment mainly include: warning; Fines; Confiscation of illegal income; Confiscation of illegally issued and printed academic certificates, degree certificates and other academic certificates; Revocation of illegally held schools and other educational institutions; Cancel the qualification of issuing academic certificates such as academic qualifications and degrees; Revocation of educational qualifications, suspension of examinations and application for accreditation; Ordered to stop enrollment; Revoke the school license; Other educational administrative penalties prescribed by laws and regulations.

Secondly, according to the different subjects who violate the law, the legal responsibilities stipulated in the education law can be divided into: (1) the legal responsibilities that administrative organs should bear when breaking the law; (2) the legal responsibility that the school should bear when it violates the law; (3) Teachers' legal responsibilities when breaking the law; (4) The legal responsibilities that students should bear when breaking the law; (5) the legal responsibility that should be borne when the society violates the law. Among them, the specific forms of legal responsibilities that each subject should bear for different illegal acts are clearly stipulated in relevant education laws and regulations, and this book will not repeat them.

(3) School accidents and their legal responsibilities.

School accidents can be divided into two categories according to their occurrence. One is an accident. Such accidents are not due to the intention or negligence of the parties, but to force majeure or unforeseeable reasons. They are not accidents caused by illegal acts, so they do not have the conditions to bear legal responsibility. Another kind of school accident is negligence accident. This kind of accident usually refers to an incident in which one party (such as a school or a teacher) violates the law and causes personal injury to the other party (such as a teacher or a student). Unlike accidents, illegal behavior is a necessary condition for such accidents. The so-called illegal behavior refers to the wrong behavior of state organs and their staff, social organizations, enterprises, institutions and citizens that violate the law and lead to the destruction of social relations and social order. It shows that the actor has foresight, intentionally or negligently, fails to perform legal obligations, or goes beyond the scope of rights prescribed by law, does things prohibited by law or does not do things required by law.

According to the above analysis, the accident in the school accident is not caused by the illegal behavior of the parties, and it does not have the conditions to bear legal responsibility, so it is beyond our discussion. If it is subjective and intentional violation of the law, that is, the actor knows that his behavior will produce harmful results to students, and hopes or lets this result happen. In this case, the subjective viciousness of the actor is much more serious than the illegal negligence, so the applicable laws are different. This kind of accident is beyond our discussion. The school accident mentioned here refers to an accident that occurs in schools and other educational institutions, as well as in activities organized by schools and other educational institutions, and can avoid personal injury to students due to the fault of schools and teachers. According to the above definition of school accidents, school accidents that currently occur in schools and other educational institutions in China can be classified and discussed according to the following standards.

First, are there any mistakes in schools and other educational institutions and teachers? What kind of fault is it?

Second, is there a causal relationship between the faults of schools and other educational institutions and teachers and the personal injury accidents of students?

Third, the severity of the consequences of personal injury accidents.

The above standards are not only the basis for classifying school accidents, but also the factors that should not be ignored when judging whether the school should bear the responsibility in student injury accidents and the size of the responsibility. At present, China's clear provisions on the legal liability of schools in school accidents can be found in Article 160 of Opinions of People's Courts on Several Issues Concerning the Implementation of General Principles of Civil Law, which stipulates: "If a person without civil capacity lives and studies in a kindergarten or school, or a mental patient who is treated in a mental hospital is injured or causes damage to others, if he is at fault, he may be ordered to make appropriate compensation to his unit." This article determines the principle of the school's fault liability in student injury accidents, that is, it must be at fault to take responsibility.