The Practice Plight And Perfect Path Of The Investigation Power On Occupational Crime

In recent years, a minor injury accident occurred frequently students, has aroused widespread concern in the whole society. Since the "Tort Liability Act " enacted since the implementation of changes the students in dealing with minor injuries appear messy situation. The legislation to some extent, on the settlement of minor injuries the students play the role of the correct orientation. But because China is still in thinking, to explore students'hurt legislative stage, there are many content inadequacies; it still exists in the use of a large number of problems.Theory of Minor Students in the focus of injury mainly in two aspects: a minor relationship between students and school accountability and school law issues. In particular the relationship between students and the school age there has been greater differences.This paper discusses in detail the first part of students and school relationships. Pointed out the existing view that the main care education, management and protection that the special powers of protection that the contract said. Allows a court in the different cases to deal with the same results. This paper capacity of no civil relationship with the school students with limited capacity and the relationship between students and the schools were discussed. And introduced the legislation reference.The second part will introduce "Tort Liability Act, "the legislative background, and then interpret "Tort Liability Act, " the first article to discuss 38,39,40 Tort Liability principle of the school. the legislation of abroad and Our thinking.Part III analyzes the composition of elements of tort liability, including underage students in all stages of the school's duty of care is also very different, so the schools should be combined with the civil responsibility to the students of school age is not their fault and fault Degree.The fourth part discusses the defenses, and damages, the paper first discusses the specific exemption of the exemption conditions and circumstances, and then discusses the personal injury compensation rules and content, and finally discusses the scope of the spirit of the determination of damages.