Research on the Socialized Relief Mechanism of the School Safety Accidents

It has aroused more and more social attention to the frequent occurrence of school safety problems, among which the most crucial issue is whether the victims can get prompt and adequate relief. Due to the imperfection of the compensation system for the school safety accidents in our country, the schools or infringers often get into trouble for the failure of compensation. Therefore, it is urgent to accelerate the construction of socialized relief mechanism for school safety accidents damage. Based on the socialization of “rights and regulations”, this paper aims to disperse school risks, draws lessons form the treatment methods of rode traffic accidents in our country, takes liability for tort as the basis, and takes the socialization of school safety accidents as the main line, to construct the multi-integrated socialized relief mechanism for the school safety accidents damage, which combines with tort liability system, school security insurance system, general commercial accidents insurance and social relief fund. Keywords—School safety accidents; damage compensation; socialization; relief mechanism I. THE ORIGIN OF THE PROBLEM In recent years, the school safety accidents have occurred frequently in China. When safety accidents occur, many schools often give up their legitimate rights and interests, and some even use the sacrifice of the school and teachers, or improper protection of the rights and interests of the school and teachers to “pour oil on the waters”. According to the analysis report on the overall situation of safety accidents in national primary and secondary schools published by the Ministry of Education, the increasing controversy of school safety accidents focuses on the determination of the actor's responsibility and the liability for damage compensation. The core issues are the responsibility investigation and compensation liability for the loss, as well as the perpetrator’s ability to compensate. The infringement relief has always been the main relief of school safety accidents, and the infringement system is produced along with the gradual development of society. After an accident, it is increasingly unrealistic to rely only on personal power to compensate for the loss of the victim, at least not in a timely and effective way. People more strongly demand that society can properly disperse relief responsibilities and reduce their pressure. It is required that a diversified relief system of school safety accidents damage should be established, because of the limited compensation of the school and the injurer, and the difficulty for victims to obtain compensation. It can alleviate the burden of schools and injurers to keep the sustainable development, provide victims with basic relief and security, so as to reduce the negative impact of society and the pressure of public opinion. II. THE CONNOTATION OF SOCIALIZED RELIEF FOR SCHOOL SAFETY ACCIDENTS DAMAGE The so-called socialized relief for school safety accidents refers to spreading the responsibility of the perpetrators to most people and the whole society in a certain way and method, which is a sharing mode of social risks. How to timely and completely compensate the losses of the victims is a systematic design centered on “relief the victims”. The focus of this process is how to make up for the losses and how to transfer the losses. This new type of relief model has the following obvious advantages: first, it can guarantee the rights and interests of the victims; second, it t can prevent the perpetrators from being trapped in life or being unable to develop sustainably due to the compensation for the damage, so that the damage will distribute to more people. The socialized relief system for school safety accidents damage is a conceptual category. Specifically, it consists of four parts: legal system of infringement liability, school liability insurance, general commercial accident insurance system and social relief fund system [1]. What makes the four systems different is that they are developed by different subjects. The infringement relief is generally claimed and initiated to the injurer by the victim of the damages [2]; Liability insurance system starts from the purchase of liability insurance, and after the accident, the perpetrators transfer the their compensation liability to the insurance company [3]. The general commercial accident insurance system is that the actor purchases commercial insurance, and the accuser transfers transfers the personal injury and property damage of the victim to the insurance company. Since the compensation fund for the victim is provided by the insured, both of which satisfy the Fund project: Social science program project of Chongqing in 2016, "Research on Social Relief Mechanisms for School Safety Accidents" (Youth Project) (Project No. 2016QNSH26).Results of the bidding projects of Research Center of the Economy of the upper Reaches of Yangtze River(201604). 2nd International Conference on Education, Economics and Social Science (ICEESS 2019) Copyright © 2019, the Authors. Published by Atlantis Press. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). Advances in Social Science, Education and Humanities Research, volume 357