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Study on School Liability of Students’ Injury Accident

Author: LongZhiPeng
Tutor: FuRong
School: Shanghai Jiaotong University
Course: Legal
Keywords: Imputation Principles Constituent elements Schools fault The scope of compensation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 83
Quote: 0
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Abstract


The student injury accident is a very common accident in life , school responsibility - sharing in the Student Injury Accident is very controversial issues . Source of responsibility for the school , and the definition of the legal relationship between the school and the students , the schools bear the Principle of Liability , students injury accident the main constituent elements of injury time , as well as schools bear the responsibility in theory and judicial practice controversial . This article will address these controversial issues , respectively, more in-depth and systematic study of the sources and nature of the school Principle of Liability , type of school responsibility constituent elements and school responsibilities and scope of compensation and other issues of the responsibilities of school . The first chapter of the problems caused by a typical case of the analysis, defined legal relationship especially responsible for the foundation of the school and between the school and the students , summed up the school should bear directly based on the legal provisions of the security obligations the legal relationship between the school and the students should be defined as between the school and the students an education, management , and protection of the relationship . The second chapter analyzes the Principles of Responsibility requirements of judicial practice and theory community schools responsibility , summed up the Student Injury Accident school imputation principles should be the main principle of fault liability , complemented by fair liability . Chapter of the constituent elements of the schools responsibility , especially students , the definition of a reasonable period , causation, and the schools fault judgment carried out a more detailed study . I believe that China should formulate a unified criterion to avoid similar accidents in different judgments occur . Chapter students injury accident type of school responsibilities , the scope of compensation , and raised the outlook of the system .

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CLC: > Political, legal > Legal > Chinese law > China and France
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