中小学校园侵权纠纷解决机制研究——基于法理和教育的融合重构

Research on Tort Dispute Resolution Mechanisms in Primary and Secondary School Campuses—Reconstruction Based on the Integration of Jurisprudence and Education

摘要: 近年来，中小学校园侵权纠纷事件频发并成为大众关注的热点问题。中小学是未成年人的主要活动场所，如何平衡未成年人合法权益保护和教师教学权利的正当行使这两者之间的关系，是我们解决校园侵权纠纷问题的出发点和落脚点。产生校园侵权纠纷的原因很多，涉及的主体也越来越多。此外，校园侵权纠纷一旦得不到好的解决，就会严重损害学生的身心健康，损害家校关系、师生关系的良性发展。当前的中小学校园侵权纠纷解决机制仍存在诸多问题，本文从法理和教育的融合视角出发，研究完善中小学校园侵权纠纷的解决机制，力求可行有效。

Abstract: In recent years, primary and secondary school campus infringement disputes have occurred frequently and have become a hot issue of public concern. Primary and secondary schools are the main venues for minors’ activities, and how to balance the relationship between the protection of minors’ legitimate rights and interests and the proper exercise of teachers’ teaching rights is the starting point and the end point for us to resolve the issue of campus infringement disputes. There are many reasons for campus infringement disputes, and more and more subjects are involved. In addition, if campus infringement disputes are not properly resolved, they will seriously damage the physical and mental health of students, and harm the healthy development of home-school relations and teacher-student relationships. There are still many problems in the current campus tort dispute resolution mechanism in primary and secondary schools, and this paper studies and improves the resolution mechanism of campus tort disputes in primary and secondary schools from the perspective of the integration of legal theory and education, striving to be feasible and effective.