对未成年学生在校损害赔偿问题的分歧,暴露了我国监护制度中存在的不足。一是亲权与监护不分;二是长期以来倾向于将监护视为与身份不可分离的一种权利;三是未成年学生在校时,监护职责是否委托转移,没有形成共识;四是监护职责全部和部分转移后,被监护人致人损害的归责原则不够明确,也有悖“公平”。 The disagreement on the issue of damages for minor students in schools exposed the shortcomings in our guardianship system. One is that both parental authority and guardianship are indifferent; the other is that it has long tended to regard guardianship as a kind of right that can not be separated from one's identity; thirdly, when underage students are in school, whether guardianship responsibilities are delegated or not, there is no consensus; After all and part of the transfer of duties, the principle of imputation of the victim's injury caused by the guardian is not clear enough and contrary to “fairness”.