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Research On Schools' Liability In CamPus Injury Incidents

Posted on:2012-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:H N ZhouFull Text:PDF
GTID:2166330338495671Subject:Civil and Commercial Law
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In recent years, campus injury incidents take place frequently, which is of catholic concern. Although the type and the cause of campus injury incidents are different, but almost without exception, the victim student sued the school, requiring schools to bear the liability. In that case, schools should bear the legal responsibility or not? What is the Legal liability based on? What kind of commitment to the legal responsibility? Is the responsibility a compensate or a liability? Are there any exemptions for School liable? On these issues, it's very controversial in the theoretical world; we haven't reached a consensus so far. "General Principles of Civil Law", "The Supreme People's Court's Interpretation on the Implementation of the General Principles of Civil Law", "The Rule of Handling Student一Injured Accidents" and "judicial interpretation on the several Problems of personal injury compensation cases" and other such legal hierarchy of laws, judicial interpretations and departmental requirements, the principles of imputation and other aspects of the provision do not fully consistent, and there are a number of problems such as the law is too principle, the lack of operational deficiencies……It results in a great randomness of such practice cases ,and huge different trial result for similar case in different courts.Campus injury incidents are particular in the object of the victims, the time of the victims and the place of the victims.By analyzing of the legal relationship between the school and minor students, we refuted the custody transfer and commissioning care, so as to affirm that the education, management and protection said. On this basis, we draw that in campus injury cases, the nature of school for legal liability is tort liability. Also from the school at fault, failing to fulfil its educational and management duties, the fact that the student sustains a physical injury, the causal relationship to further demonstrate the composition of tort liability elements."Tort Liability Law of the People's Republic of China" (hereinafter referred to as "Tort Liability Law") used three articles to adjust the injury cases on campus; the point for the distinction is the civil capacity of victim student and whether concerning about the third person or not. Therefore the school responsibility assumptions were identified fault liability, presumption of Fault liability and corresponding supplementary liability. Although these responsibility principles enhanced the targeted dealing with such cases apparently, they are too rigid and have been wholly discredited. I believe that the fair responsibility should be correctly positioned when dealing with injury cases on campus, the standards for determination of the responsibility should be the nature and management mode of the school rather than the civil capacity of victim student. By cancelling the corresponding supplementary liability, we should clearly denied right of recovery from the school to the third party. Students should be clearly defined the responsibility of the damage caused to others on campus, and then clear the issue of duty allocation between the school and the students guardians. In addition, the circumstances should be concerned about school duty derated.
Keywords/Search Tags:Campus injury incidents, School responsibility, Liability for fault, Presumption of fault liability, Corresponding supplementary liability
PDF Full Text Request
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