建立在校未成年人"临时监护"制度可行性研究——从未成年人校园事故的赔偿说起

我国法律在进行制度设计时 ,采取了将未成年人视为非完全行为能力法律主体的立法技术 ,在未成年人的父母健在并具有监护能力的情况下 ,我国法律并不允许其他人成为未成年人的监护人。但是 ,在诸如在校未成年人校园伤害事故及其赔偿等问题上 ,这种制度的缺陷便完全暴露了出来。因此 ,将监护制度延伸到与未成年人具有特定法律关系的学校便成为一个颇具吸引力的想法———建立学校的临时监护制度仍然是最具吸引力的方案之一

Feasibility Research on the System of Temporary Custody of Minors in Schools--From Compensation for School Accidents of Minors

Minors were regarded as non|complete act ability subjects when the law system was established. That means others are not allowed to be gardians of the minors whose parents are alive and have the ability of custody. However, the shortcomings of this system apper when we meet such things as accidents arising from minors's injuring others in schools and it's compensation.Therefore it is an attractive thinking that the gardianship system can go to the schools which have a special legal relationship with minors. It is still one of the most fascinating plans to establish temporary gardianship system in schools.