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Primary and Secondary School Students in the School Responsible for Injury Research
Author: ZhangWeiJie
Tutor: HaiTang;LiJianPing
School: Inner Mongolia University
Course: Legal
Keywords: Student Injury Accidents School Accountability Imputation Principles Damages
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 108
Quote: 1
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Abstract
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In recent years, more and more schools of primary and secondary injury accident triggered legal disputes , how to maintain a normal school teaching and management order , protect the legitimate rights and interests of the students has been widespread concern by many scholars and social . The school should be liable under what circumstances , what responsibility , theorists still inconclusive . Relevant laws and regulations , the provisions of this problem too principle , judicial practice operability is poor, is a serious obstacle to deal with such incidents . Therefore, the strengthening of student injury accidents and their responsibility to reduce the occurrence of such disputes , maintenance school teaching management order and strengthen the legal protection of students , has a very important significance . This paper is divided into three parts: The first part of this article discusses the primary and secondary school students the connotation and type of injury accidents , analysis of the legal status of the school , explains scholars at home and abroad on the nature of the responsibility of the school three main points : the responsibility of guardianship say , contract The relationship says education law relationship . And then clarify the author's point of view on the basis of analysis of the three views . I believe that the legal relationship between the school and minor students school students in education , management and the responsibility to protect . The second part of this article discusses the school Principle of Liability . This section first no-fault responsibility , the responsibility of fairness presumption of fault responsibility to analyze fault liability . And combined research the issue of the legal profession and the relevant law describes the author's point of view . I believe that , under normal circumstances , the school Principle of Liability fault liability principle . Secondly , discusses the constituent elements of the responsibility of the school . Impunity Reasons for school . The third part of this injury accident compensation range from students , the school supplementary liability discusses . The author of the establishment of the school of the compensation mechanism put forward their own views, I hope that the legitimate interests of the schools and students are protected , can be effective in reducing the occurrence of such disputes .
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CLC: > Political, legal > Legal > Chinese law > China and France
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