If a person without capacity for civil conduct 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 responsibility, but if he can prove that he has fulfilled his educational management duties, he shall not bear the responsibility. The establishment of the principle of presumption of fault in campus injury accidents of students without civil capacity will increase the burden of proof of schools, help schools to better fulfill their responsibilities of education, protection and management, and effectively safeguard the legitimate rights and interests of students without civil capacity.

2, the principle of fault liability

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 the responsibility if it fails to fulfill its educational management responsibilities. The principle of the school's fault liability in campus injury accidents with limited capacity for civil conduct is clarified, and it is emphasized that the fault element of the school or other educational institutions' responsibility is "failure to fulfill the responsibility of education management", that is, the injured person with limited capacity for civil conduct on campus is required to prove that the school has failed to fulfill its obligations of care, education, management and protection. The concrete needs to be proved from four aspects: neglect of education, neglect of management, neglect of protection and neglect of management and supervision. The principle of fault liability should be applied to the personal injury suffered by students with limited capacity for civil conduct during their study and life at school and the personal injury caused by the responsibility of a third party. The principle of fault liability is the most important principle to determine the civil liability of schools for campus injury accidents, and its application is determined by the relationship between education, management and protection between primary and secondary schools and underage students. Primary and secondary schools are not guardians of underage students and do not assume guardianship responsibilities. Personal injury suffered by underage students at school is a general tort, and the premise of assuming the liability for damages caused by this behavior must be that the responsible subject is at fault, that is, the greater the fault, the greater the responsibility, and if the school is at fault, there is no need to bear any 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.