Research On Responsibility Recognition Of Injury Accident In The University

After turning into the stage of popularization, the scale of many universities in our country expand quickly, making these universities have some trouble making proper response in the teaching, managing and face enormous press. Particularly in the managing aspect at the student, the expanding of scale also brought the high complexity in day-to-day supervising, in recent years, the injury accident among the college students also take place again and again, and presents up-trend year by year, and it has become a hot topic of social concern. the comprehension and the understanding of related responsibility to the accident usually exist the big difference among the universitis, the students and its parents, causing them to resort to the court.But currently, the exclusive law or regulation concerning the students' damagesing is almost a blank, so the court lacks a direct-acting law basis while taking up this kind of dispute. Therefore, the author thinks that in view of our country current national condition, formulating "Campus Safe Legislation" has become the question which the Legislature, the educational administration Department should solve urgently, only then through the strict legislative procedure, giveing injury accident by clear limits as far as possible in the legal principle theory of law, can we provide the direct legal basis to the responsibility recoginition of the injury accident, and provide an effective operation mechanism for accident's processing.This article is divided into four chapters which reserches how to recognize the resposibility of the injury accident. The first chapter, the introductory remarks part, mainly studies the summary and the concept limits; The second chapter proposed the responsibility principle that applys to the university injury accident, mainly includes the mistake responsibility principle, the non-mistake responsibility principle, the fair responsibility principle, and analyzes the condition that these principles apply to; The third chapter analysizes the type and the responsibility recognition of the injury accident by case study's way. The students injury accident can be divided into the university full liability accident, the university partial-liability accident and the university non-liability accident, according to the degree of the responsibility. And the university partial-liability accident can be divided into the accident that the university should take the primary responsibility, the accident that the university, student, third person should take the same responsibility, and the accident that the university should take the secondary responsibility; The fourth chapter carries on the analysis and the discussion from the legislation and the legal principle theory of law angle.