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对比于自己责任,替代责任是一种例外的侵权责任形式。虽无明确立法,但教育机构对于其教职工导致的学生人身伤害承担侵权替代责任符合我国现行《侵权责任法》对于用人责任的规定。但我国现行立法中涉及替代责任规定的用人单位责任立法在制度内涵、外延及性质定位上存在不足。在制度完善之后,还要兼顾到学生相互行为、团体活动中的人身伤害以及教师性骚扰均应为高校承担侵权替代责任的特殊原因行为。
Contrary to one’s own responsibility, alternative liability is an exceptional form of tort liability. Although there is no explicit legislation, the responsibility of educational institutions to bear the infringement of student personal injury caused by their staff and workers is in line with the current liability of employing people in China’s Tort Liability Law. However, there are deficiencies in the connotation, extension and nature of the system of liability of employers involved in the alternative liability provisions in the current legislation of our country. After the system is perfected, special consideration should also be given to the mutual behavior of students, the personal injuries in group activities and the sexual harassment of teachers.