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On the Problem of the Protection of Students’ Civil Rights

Author: YinBo
Tutor: ZhengErWei
School: Changchun University of
Course: Civil and Commercial Law
Keywords: Student Civil rights and interests Protection
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 37
Quote: 0
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Abstract


This paper focuses on the teaching activities of the full-time school age students and adult students personal behavior and education, civil rights and interests of the status quo that equal relationship based on the civil law between the students and the schools and teachers. Empirical, theoretical analysis and case reveal the students 'civil rights and interests have been infringed and various analysis of tort reasons, to propose ways and means of maintenance of students' civil rights and interests, and to provide a reference for the legislative, executive and judicial. Is divided into four parts: the first, the student civil subject status and civil rights legal definition; Second, students 'civil rights had been infringed because; school breach and violations of students' civil rights violations; fourth student means of relief for civil rights and legislative proposals. The legal definition of \Reorganizing the theory of the five schools with student legal relationship, including: management relations theory, civil relations theory, administrative relations theory, the use of the relationship between theory and education, management, protection relations theory. Third, analysis of the special nature of the students' civil subject, has a body diversity, multiplicity of the characteristics of the identity of the rights and obligations, the legal relationship. Fourth, a clear legal definition of the civil rights of students. \Schools and teachers to implement management behavior originated from the system requirements, the lack of interoperability coupled with the current student complaints system and the law, resulting in damage to the rights of students is difficult to obtain civil remedies. Third, schools and teachers have the natural power of attorney, the lack of students the necessary respect and equal treatment, an important reason to limit the rights of students to achieve. \Analysis from the perspective of schools and teachers infringement, the violations manifestations as well as hazardous. Was to explore student personal injury accident, the type of responsibility principle, schools constituent elements of the tort liability responsibility, scope of responsibility, exemption conditions, civil compensation. \The second is the analysis of the students' right to relief channels from the complaint, the administrative reconsideration and litigation. Third, the necessity and urgency of the students 'rights protection legislation, put forward some ideas of the students' rights protection legislation.

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