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The Research of the Legislation of the Damages in the Student Injury

Author: WangWeiMing
Tutor: RaoAi
School: Southwest Jiaotong University
Course: Legal Theory
Keywords: The student injury The personal injury The damages The legislation
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 136
Quote: 2
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Abstract


In recent years,the students injury has become one of the hot issues in the society.More and more schools and colleges are suffering from panic,fearing that the student injury might take place,which due to the rise of damages and aim of the lawsuits.Some schools even take action in a drastic way to avoid such injury.Ministry of education has proposed a bill the dealing with the student injury,trying to standardize the limits to the damages,which,however,seems inefficient,because it does not touch upon the key point at all.This is because the shortcomings of the lawsuit damage systems at present.To begin with,the article is based on using a large amount of literature research and making the theories understood,which gives us a vivid description of the students injury and the legislation of damages related to it at present.It also puts forward a complete thread of the relevant institution of law,which results from the combination of inspecting the shortcomings of Chinese laws and absorbing the good aspects of Japanese.It’s been increasingly found out that the dealing with the student injury is just released as a rule of department,which means that its effects spread not that far,what’s more,some of the rules just fight against the common principles of the Civil Law somehow.Then,there’re still lots of areas within no rules to stand for,such as the onus probandi, spiritual damages compensation,originality of the compensation and so on.When the families and the schools are caught into a lawsuit,thousands of ponds of pressure just hit the schools,which can make a bad effect on.In the end,the final victims are the students themselves still.Students,the ones who will get the lawsuit damage directly,known as the very special group of people.Consequently,dealing with the relations of schools and students and protecing the their benefits are of great importance when perfecting the institution of law.Meanwhile,a healthy and ordered surroundings are needed both to schools and stdents as well.Above all,ensure that schools are not the guardians to the under age students.Taking the dealing with the student injury as the foundation of the perfecting the institution of law,namely,we should make sure that schools are privileged to the damages and make clear the relevant responsibilities.Then,it is essential to establish such sysytems to share the damages,and further more,we can complete the spiritual lawsuit damages.The article is divided into five parts.Part one is the introduction,which covers the discovery,significance,method of the study and the thread of the study on the basis of collecting the relevant researches at home and abroad.Part two is the summary of the juvenile injury and the lawsuit damage system,giving us the concepts,rangs,features and the kinds,factors,money and the person who will take full responsibilities in the lawsuit damage.Part three consists of two chapters-Chapter three introduce us the good sides of the Janpanese with plenty of data,as well as the enlightenment we might come across in reality. Chapter four tells us the relevant institution of law at present in details,making a selective analysis of the shortcomings of the dealing with the student injury. Part four tells the differences between particularity and general and Something conceived to make the system better taking the legal nexus of students and schools and the responsibilities into consideration.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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