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The Research of Government Responsibility in Campus Murder

Author: MengQingXing
Tutor: WangLiMin
School: Dalian Maritime University
Course: Legal
Keywords: The Campus Murder The Government Responsibility National Responsibility Of Making Up National Responsibility Of Compensation
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 42
Quote: 0
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Abstract


On July 1,2010, The tort liability law of the People’s Republic of China, already brewing a long time, Began to implement. This law aims to protect the lawful rights and interests of the civil subject, clear tort liability, prevention and sanctions infringement, promoting social harmony and stability, which opened the law of tort liability legislation enacted a new chapter is also our upcoming an important part of the civil code. However, before the law formally implementing, many kindergartens, primary school around the country has just had a campus of murder impact. Just two months, the right of life and health right is infringed upon people up to over 100. With such big infringement accidents, the new law is also facing challenges. One of the biggest challenges is that although the main responsibilities have been determined, the victim still cannot effectively fill reality because of the wide range of lossBased on the background, the author begin with the campus murder and make a research on the government’s responsibility for the victims.This paper can be departed into three parts, namely.The first part, the content of the questions involving is the present legal system for damages, the campus in the process of murder dilemma: the victim can’t get the corresponding compensation predicament and government behavior deviating from the legal orbit predicament.The second part, analysis of issues involving the compensation for damages in the content is based on equilibrium human rights and the prevention of civil disputes and realize the criminal justice value orientation of right remedy way based on the necessity and expanded national responsibility said, security obligations theory and civil liability system reconstruction for the government assumes responsibility view of relief deserved sex analysis.The third part, problem solving, involving the content is murder happened in campus before and after the government legal obligations arising from the two different responsibility: construct criminal victims compensation system of national compensation liability and assumes no liability as tort country.The author tries to find these three dimensions in effective remedy research, as well as the path the victim legal government provides a method to construct.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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