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In Students’ Injury Accident University Civil Liability Issues Research

Author: WangHongXia
Tutor: TianShaoHua
School: Hebei University of Economics
Course: Legal
Keywords: Student Injury Accidents The civil liability of the university Duty of care Liability Insurance
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract

In recent years, with the college expansion, rapid growth of the number of university students, college students also showed a rising trend in injury accidents. The biggest difficulty of dealing with such disputes, there is no clear legal basis, only in general terms in the General Principles of the Civil Law, \. The only give this more clear provisions promulgated by the Ministry of Education on August 21, 2002 \However, the way to solve the problem of Students' Injury Accidents Civil Liability still inadequate paper thus leads research significance of the sector of the status quo of the current theory. This article uses the case analysis and value analysis, injury accident related issues elaborated in four parts of the college students. The first part of the concept of injury accidents from college students, the definition of a college student injury accidents range, college student injury accident reasons were described and analyzed, and the theoretical basis of the college bear civil liability, students of colleges and universities should bear Note that the point of view of the obligation. The second part, based on analysis of a large number of cases, pointed out the problems and shortcomings of the current judicial practice and legislation to provide a realistic basis for specific legislation. The third part is the focus of this article, in this part of the colleges and universities have a civil body and administrative body double corporate entity status; analysis college if you want to hurt students bear civil liability on the issue, with reference to some foreign universities to students bear obligations and the relevant provisions of the law in our country that university students have to bear the four obligations: equipment, facilities, services of the duty of care, duty of care, provide adequate protection obligations, the obligations of timely treatment, according to civil liability generation the consequences of the violation of civil obligations, the college only in breach of the obligations of these four cases responsibility; fault the performance of the colleges and universities in the Student Injury Accidents, identified universities fault should be special consideration is also explained in this section, university Disclaimer reasons. Part IV describes the morphology of the college bear civil liability, loss of working time fee calculation method proposed in this paper should be college students learn professional similar types of work to determine the losses caused by the loss of working time; view of college students for college students death compensation standard is specifically for the community training senior personnel, regardless of their lifetime urban residents or rural residents in all urban residents should be standard compensation; Finally, this paper analyzes the college could not afford the huge damages payments, the reference to foreign practices combined with the actual situation, the compensation social envisaged.

In Students’ Injury Accident University Civil Liability Issues Research

Abstract

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