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Research on Civil Liability of School for Campus Torts

Author: XiongZuo
Tutor: ChenKangHua
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Campus infringement Civil liability Imputation Principles
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 187
Quote: 0
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Abstract


Campus infringement occurred frequently in recent years, so that students, damage to the interests of the school, also face tremendous pressure to make our education. Campus infringement, schools Should liable, according to what the Principles of Responsibility responsibility, how to identify the fault of the school to become the focus properly resolve such incidents. The provisions of the existing legal provisions for these issues also need further refinement perfect, academia, there has been considerable controversy. To sort out these views, for the correct handling of the campus infringement cases, safeguard the legitimate rights and interests of the parties to the main, maintenance of normal school teaching management order, as well as the significance of social harmony and stability. This paper is divided into four chapters are discussed: The first chapter is the campus infringement Overview. Clearly define the concept of infringement of the campus, and combined with existing laws and regulations from the five aspects of campus infringement characteristics. The second chapter discusses the campus infringement in the school of Civil Responsibility. This is the focus of this article. By comparison of the relevant doctrine, this article is a statutory education management relationship between the school and minor students. Defined on the basis of both legal relationship, the reference to the legislation of other countries and regions, and to clarify the responsibility of schools in our campus infringement does not apply the principle of liability without fault, the school does not accept fair responsibility, and shall apply the principle of fault liability imputation, but differ according to the differences of the students' capacity for civil conduct on the allocation of the burden of proof. The third chapter of the Essential Elements of the campus infringement in school. Compare the three elements and four elements discussed three elements of the civil liability of the school campus infringement to have the damage to the facts, causality and subjective fault. The fact that only limited campus infringement damages for personal injury suffered by the student. Judgment the schools behavior with students damage causal relationship should be adopted \Last go into the details of the the schools fault identified rational standards and standards of practice. Compare \. The Chapter with case of campus commitment to the civil liability of infringement in school and exemptions. Infringed sources standard against inside and outside of the school division from a third party against the two situations of the civil liability of the school. Goes on to list the school campus Infringement behavior is not inappropriate to exempt from civil liability situation. Finally, select a common practice in the two situations student violates school discipline school rules causing bodily harm \

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