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Research on Compensation Liability of School in Minor Students’ Injury Accidents

Author: YeLin
Tutor: LvBin
School: Anhui University
Course: Civil and Commercial Law
Keywords: Students’ injury accident Legal relationship Imputation The responsibility of School
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 92
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Abstract


In recent years, the rate of the minors’compensation cases on account of school accidents improve year by year, and become the focus of school and parents. In these cases, theorists have uncertain verdict about the liability of school. But the legal level of our country’s law about student incident is too low, and its rules are dispersive so that it just could be the reference in judicial practice. Accordingly, there are many defects in the compensation system of students’injury accident. It cause that students are unable to get effective compensation. So it is the serious barrier to settle these problem. Strengthening the studies of injury accidents and its responsibility, fixing the responsibilities of school in the school injury accidents completing in students’ injury accident on relevant legal system, are very important for settling the disputes about the students injury. These also have important significance to protect the students’legal right.The main content of this paper is to construct the students’injury accident compensation system so that it can study the school responsibility in students’injury accident better. There are four parts in this article.The first part of this text mainly discusses the theoretical basis of the minor students’injury accident. The foundation of researching a problem should define the basic concept first, so this paper adopts the appellation——"student injury accident", and defines the two themes in students’injury accident——students and school, in order to establish the starting point of the study of students’injury accident.The second part mainly analyzes the legal relation in students’injury accident in order to judge the nature of the school’s liability. First, in students’injury accident, there are three legal relationships, school and the minor student is one of the main legal relationships. This part analyzes the basic theory of school accident responsibility, including the theory about serving as guardian, the theory about breaching the contract, the theory about taking charge. And on this basis, the author’s viewpoint expounded. The author thinks that the legal relation between schools and minor students is legal responsibility, composed by educating, administrating and protecting liabilities.The third part mainly discusses the responsibility principle of injury accidents. Imputation principle is the premise of the responsibility, without imputation principle, we cannot discusses the responsibility correctly. First, the basic theory of imputation principle is discussed, and then discusses four liability principles in students’injury accident. In this article, the general principle is the fault liability principle. For the school of special civil tort and the incapacity of ten years young students of the accident, school bear liability shall suitable for fault-presuming liability principle. No-fault liability principle is appropriate for some special tort. Considering the fair liability principle for security and our education system, fair liability principle should be strictly limited its scope of applying to the student’s injury accidents.In the last part, after defining the basic concept, the basic legal relation and imputation, the next important task is to construct a consummation of the accident compensation system. First, to summary defects in the compensation system, including legislative defects, financing difficulties and the plight of insurance compensation. Then attempt to put forward suggestions to improve the compensation system combining foreign legal system. First of all, proposed legislation to improve the proposal. Second, building a Chinese-style sharing system, using the way of social adjustments in students’injury accident share the risks and trying to set up a specialized agency responsible for the finance and management. Finally, in students’ injury accident insurance, it should be perfect in three aspects, including the school liability insurance, students Ping An Insurance and Urban (students) basic medical insurance.

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