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Study on Tort Liability of School in Minor Students’ Injury Accidents

Author: DingDian
Tutor: GuZhuXuan
School: Shanghai Jiaotong University
Course: Legal
Keywords: Campus Injuries Security obligations Imputation Principles Fault liability Fault offset
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 54
Quote: 0
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Abstract


Minor student personal injury compensation cases are more common in cases of infringement , in recent years , the minor students on campus injury accident was a rapid growth trend , and the type of students on campus damage are becoming increasingly complex , the minor students on campus incidents involving injuries has become a social concern hot spots. Since China has been a minor student personal injury compensation cases related legislation is not perfect , resulting in the processing of such cases in the judicial practice faces many problems . It is to solve this problem , this paper attempts to the Supreme People's Court Gazette from the analysis published in 2008 , one of nine campuses injury accident cases start , present school students have security obligations then analysis of the Campus Activities injury compensation case responsibility principle, and pointed out that the campus incidents involving injuries minor students how to identify the scope of responsibility of the parties , and the case to resolve similar cases What demonstration opinions , combined with the case and other similar cases to analysis makes this problem more clarity and has practicality. Future judicial practice in order to deal with such disputes , some guidance and help . This article take the research methods, case studies and analysis of damage claims in the case of the Supreme People's Court published in the Gazette the Huang Yusen v. JinXi primary, Sanmao Railway International Travel personal . The paper is divided into four chapters: The first chapter describes the entire view of the facts of the case and the court ; mainly from the legal relationship between the school and the students , the relevant provisions of contract law and tort law , and the responsibility of competing parties the right to appeal the angle analysis , that the court's decision is correct; chapter on the campus of the national minor students harm the principle of attribution of events carried out a comparative study , and pointed out that the principle of attribution of the events of minor students on campus injury ; Chapter from our legislative background and to analyze the situation , and pointed out that the Huang Yusen judgment in the case for the court in the trial of such cases in the future with a strong demonstration and significance .

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