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On the school campus injuries responsibility

Author: MaoDaYong
Tutor: LiXiangBin
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Student Injury School Accountability Relationship Education Socialization
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 143
Quote: 0
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Abstract


Student Injury accident frequency is high, both for students and the community caused great harm. Injuries in the majority of students, the school should be liable for damages, so the paper mainly studies the school campus injuries responsibility. This issue involves the legal relationship is more complex, legislative principles and provisions is also more fragmented, brought trouble to the judicial practice. Theoretical research in this area is relatively backward, for some basic questions and not studied thoroughly, which is extremely detrimental to protect the interests of students. Article will define the concept of student injuries as a research premise, this article discusses the student is a minor injury during the school students suffered personal injury. In this context, this paper focus on the school's tort liability expand, first to clarify the legal relationship between the school and the students clear the nature of school responsibilities, and then explore the Doctrine of Liability Fixation school, and finally discusses school accountability, defense and social to the issue. Throughout the discussion process, interspersed with commentary on the current law. This three chapters, the main contents are as follows: The first chapter discusses the legal basis for school accountability. The article first on the relationship between schools and students are several theories were introduced, pointed out its merits, while focusing on its unreasonable conduct a detailed analysis and criticism. On this basis, identify schools and students are not custodial relationship, but not the contractual relationship, can not be called \It is a personal relationship of civil law. Then come to this conclusion: The school is a tort liability, and is a special tort liability. Chapter II Liability Fixation of the school made a detailed introduction. Combined with relevant laws and regulations and the actual situation of student injuries, finds fault principle school accountability should be based on the general principle of imputation, this article will fault principle of presumption of fault principle as a special case, but also in conjunction with research into the fault principle. For the no-fault principle and the principle of fairness, the article that can not be a general obligation as a school responsibility principle, the principle of no-fault applies only in exceptional circumstances, while the principle of equitable liability applies no space for the specific reason, the article also have a more detailed explanation. The third chapter mainly focus on school accountability and decentralization initiated. First introduced school responsibility conditions, in addition to the general sense of the constituent elements, but also should match the body, time, space three elements. Then take responsibility according to the nature of the school, the share of different, independent schools were discussed responsibilities and added responsibility, combined with relevant laws and regulations, assume responsibility for the school to make a comprehensive and detailed analysis. Then comes the responsibility for the defense of the school, focusing on student victims mentioned according to the different civil capacity to determine the different defenses. Finally discusses the issue of social responsibility of the school, explaining the reasons for the school of social responsibility, and put forward our School Accountability socialization measures that should be based on local realities, through government-funded, school funding, social donations way for students purchase liability insurance, but also should establish compensation insurance and reserves, etc. combine to maximize the transfer of risk, protect their interests.

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