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On the college student casualties in the school 's civil liability

Author: ZhouJiGuang
Tutor: YaoRongTao
School: Fudan University
Course: Legal
Keywords: College Students accident Civil liability Relief Prevention
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 59
Quote: 1
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Abstract

College Students casualties occurred frequently brought misery and suffering to the students and their families to the school's teaching order normal conduct had a negative impact. To determine the civil liability of the colleges and universities in the accident, is one of the keys to a positive and effective prevention and timely and properly handle the college students casualty. However, the lack of norms of law such accidents, educators and theorists to reach a consensus on the relevant legal issues are far from, the lack of a direct, specific legal basis for judicial practice. This paper attempts to be based on the existing legal theory and judicial practice, the issue of rough. From civil liability on the basis of civil legal relationship between the university and students, and thus fulfill corresponding obligations with accordingly. Universities in violation of the corresponding obligations, imputation principles and elements, based on a certain degree of responsibility can be identified universities bear civil liability. \Finds that the ultimate purpose of civil liability, is not only relief the rights of students and schools, but also in order to be effective in preventing the occurrence of college students casualties. According to this line of thought, the paper is divided into five major sections are discussed: the first part of the analysis of the legal relationship between the university and students. Departure from the practice of our country at home and abroad about the doctrine of the legal relationship of the university and students start, there are a variety of administrative, civil legal relations between the university and students, and focuses on civil legal relations demonstrated by empirical methods. The second part discusses the the college safety of the duty of care. The main content of the analysis of the legal basis of the college security duty of care and obligations source on college safety duty of care, analyze the the recognized standard breach of security of the duty of care that a reasonable person standard, professional standards and effective cost criteria. The third part of the interpretation of the university civil liability laws constitute. The nature of the college civil liability from the reality should be classified as tort liability, Principle of Liability should be a fault liability as a basic principle, the principle of presumption of fault for the supplement, the applicable fair responsibility system in the particular case. University civil liability constituent elements virulence behavior, damage to the facts, the recognized standard of causation and fault, causality is quite causality. The fourth part discusses the the relief mechanism casualties by the college students. Principles of college students casualty is in accordance with the law, objective, fair, timely and properly, the program on negotiation, mediation, litigation in three ways. The range of damages, including compensation for loss of property and moral damage soothe damages compensation reserves and school liability insurance should be set up to ensure that source. The fifth section presents college students casualty prevention measures and legislative proposals. College students casualty prevention through schools, students and families, social and legal multifaceted prevention. A set of legal hierarchy level, orderly, and content convergence to complete specific education complementary regulatory system is to prevent and solve the fundamental guarantee of college students casualty.

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