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本文所指的幼儿人身伤害事故特指幼儿在园期间或在与幼儿园有关的保育教育活动中发生的人身伤害事故。近些年,此类事故时有发生,成为教育界、法学界甚至社会各界关注的热点之一。其中,如何认定幼儿园的法律责任、幼儿园承担法律责任的类型和方式等问题成为人们关注的焦点。但是,到目前为止,有关这方面的研究仍处于起步阶段。理论研究的滞后导致了实践操作的困难。现实中主要表现为幼儿伤害事故不能得到正确、及时、有效和公正的处理与解决。这不仅妨碍了家长与幼儿园之间的沟通和协调,也不利于当事人各方依法正确行使权利和履行义务。基于此,笔者依据我国现行法律规定,结合幼儿园的实际情况,对此问题进行简要分析。一、关于幼儿人身伤害事故的归责原则所谓归责原则,就是承担法律责任的原则,从严格的
The accidental injury of young children referred to in this paper refers specifically to personal injury accidents that occur during the early childhood education in kindergartens or in nursery education activities related to kindergartens. In recent years, such incidents have occurred from time to time, becoming one of the hot spots of concern to education circles, law circles and even the society. Among them, how to determine the legal responsibility of kindergarten, kindergarten to bear the legal responsibility of the types and ways to become the focus of attention. However, so far, the research in this area is still in its infancy. The lag of theoretical research has led to difficulties in practical operation. In reality, the main manifestation is that young child injuries can not be dealt with properly, promptly, effectively and impartially. This not only hinders the communication and coordination between parents and kindergartens, but also prevents the parties concerned from correctly exercising their rights and fulfilling their obligations in accordance with the law. Based on this, the author based on China’s current laws and regulations, combined with the actual situation of kindergarten, a brief analysis of this issue. First, on the principle of attributed liability for child injury accidents The so-called imputation principle, is to assume the principle of legal responsibility, strictly