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The Student Injures the Accident Legal Liability Research

Author: HeMin
Tutor: ZouYuan
School: Guizhou University
Course: Legal
Keywords: the injury accident among students in schools the liability for tort legal relationship the principle of liability attribution fault
CLC: D923.9
Type: Master's thesis
Year: 2008
Downloads: 65
Quote: 1
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Abstract


To handle student injury accidents properly is a puzzle. How to keep a balanceBetween protection of students and parents’lawful rights and interests andGuarantee of teaching activity has been a problem of legal and educational circles. With enhancement of people’s legal awareness and strengthening of supervision by public opinion, student injury accidents have received more and more public attention.Whether the educational institutions should bear the legal liability, what liability to bear, according to what principle of assumed liability to define their liability has become the focus in handling the accidents.lt is of great controversy among the legal and educational cireles. This paper analyzes the concept and scope of student injury accident as well as the legal relation between educational institutions and students, and deems that the educational instiutions should bear liability under certain condjtions on the ground that the educational instituions should bear liability under certain condjtions on the ground that if the educational instiutions breach their duty of educating, managing and prktecting student and cause student injury accidents,they should bear the civil liability.This paper compares and analyzes the going four controversial principles of assumed liability applied in the cases of student injury accidents, and tries to find how to apply the proper principle in different situations to better balance the educational institutions and students and protect their lawful rights and interests. At last the author brings the own viewpoints and suggestions.

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