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Students In Schools Study On The Principles Of Personal Injuries

Posted on:2011-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z D XiongFull Text:PDF
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Along with the expansion of the scale of university enrollment school, college students hurt in the accident was also found Xianchu positive growth trend. This phenomenon is not only to the students and their families to bring spiritual and physical pain, but also to the school and the very bad influence on society. Students hurt in the accident, the incident involved parties should bear the legal responsibility to bear any kind of legal responsibility, liability of the principles as to properly resolve the focus of student injuries. The relevant provisions of the existing legal provisions are too scattered, not specific enough, the legal experts, educators there this much controversy. Sort out these relationships, for the correct handling student injuries compensation disputes, protect the legitimate rights and interests of students, maintain order and normal school education and teaching of great theoretical and practical significance, this is also topics of this article is all about.This paper is divided into four parts, about 2 million words.The first part is based on the theory of college students the definition of injuries, types and characteristics are introduced. Students injuries that teaching activities in college education or extra-curricular activities that occurred during practice, and has management responsibility in university education and teaching facilities, living facilities, occurred within the venue, resulting in various types of personal injury accidents students. After the accident, according to university the size of liability can be divided into: 1. College full responsibility for the accident. 2. University part of the responsibility incident. 3. University no responsibility for the accident. College students with personal injury accident in addition to personal injury incidents with the general composition of elements but also has the following characteristics: 1. The subject specific nature. Subject can only be hurt in college students. 2. Time-specific nature. Injury time is organized and university education in the teaching process. 3. Spatial specificity. Students refer to personal injury accidents occurred in regions, often have managerial responsibilities in the university teaching facilities or living facilities to cause personal injury or personal injury suffered.The second part is the attribution of injury accidents college students. Introduces students to the university and the injured legal relationship between the main special power relations, said that the contractual relationship and the dual civil legal relations, said. Then, we introduce university students to bear the civil liability of the nature of the injuries, I believe that college students bear civil liability for injuries is essentially a civil tort liability. Finally, the responsibility of university students in injury accidents Elements. Include: 1. Against the legitimate rights and interests of students to harmful behavior, it is an infringement of the objective elements. 2. Students legal rights are being infringed. 3. Harm behavior and student suffered a causal relationship between the personal injury. 4. University there intentionally or negligently, that college students hurt in accident at fault and so on.The third part is the Student Injury Liability Principle, which is the core of this paper, we present the three main principles of the fault attributable to the principle of liability without fault liability principle and the principle of fair and responsible to do a detailed analysis and discussion. The author believes that the principle of the school Liability should be identified as the principle of fault liability, not the principle of no-fault liability, the principle of liability for the fair, I believe that there is fault and no fault in the circumstances, taking into account social equity, fairness, justice, and the protection needs of vulnerable groups, schools should also take into account the principle of liability for fairness.The fourth part, improve safety and prevention measures in college. First is to establish a core principle of fault liability and supplementary provisions of the other Liability Principle; followed by the formulation of "Campus Security Act" to regulate campus security Management Behavior; the last is the university should continue to improve school safety rules and regulations, build effective security hidden danger mechanisms and leadership accountability system, the establishment of professional security door college management team.This article from the college students the principles of personal injury accidents attributable to the angle of analysis and study to be small and lean and avoid all involved instead of rhetoric, personal injury by accident attributable to college students the reality of the situation and the legislative study proposed a unique solution. This paper is the most major and most controversial of the three imputation principle that the principle of fault liability, the principle of liability without fault and equitable principles of responsibility, the students study the circumstances under which injuries attributable to application of principles which schools, students more equitable, more conducive to protection of schools, the legitimate rights and interests of students and parents.As a counselor, I chose college students hurt in school accident liability principles as a Master graduation project, in addition to being to the relevant social harmony, thousands of families a happy life outside it and I work most closely to them. I hope that injuries among college students attributable to the continued in-depth study to find more and better operational measures to protect the legitimate rights and interests of students, maintenance of normal school education and teaching order.
Keywords/Search Tags:Higher Education, in school, personal injury accident, the principle of fault liability, the principle of liability without fault, fairness liability
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