In Students' Injury Accident University Civil Liability Issues Research

In recent years, with the number of college enrollment has increased dramatically, making college students injury accident also shows the rising trend. At present the biggest deal with this kind of dispute the difficulty is, there is no explicit legal basis, only in the civil law "the law of tort liability law in general regulation, not for college students this special subject clearly norms. The only give this more specific provision is the ministry of education in 2002 August 21 issued "students hurt accident treatment method". However, this method in solving the civil liability of the students' injury accident there are shortages, this paper on presented. On this topic research significance, expounds the current theoretical research status quo.This paper adopts case analysis and value analysis of college, four parts in students' injury accident related issues discussed in this paper. The first part injury accident from college students, this paper defines the concept of the scope of college student injury accident, analyzes the college students, cause of injury accidents to colleges and the theoretical basis, shall bear civil liability is discussed and analyzed, and the college students undertake duty of care to view. The second part of the vast majority of cases based on analysis, points out the existing in judicial practice and legislation for problems and the insufficiency, provide the factual basis for special legislation. The third part is the key part, the paper expounded in this part of university administrative subject civil subject and the dual legal subject; On the analysis of the college students' injury whether to bear civil liability this issue, refer to foreign universities for students obligations and combined with the relevant provisions of the law of our country, for students to assume that university four obligations:equipment, facilities and services the duty of care of the duty of care of, provide adequate protection obligations, and timely treatment of obligation, according to the civil liability is generated from the consequences of violation of civil obligations, the university only in violation of the above four compulsory until circumstances be held responsible; In this section also explains university in students' injury accident fault in the performance, should be recognized college fault, special consideration of college disclaimer reason, etc. The fourth part explain the college shall bear civil liability for the form, the calculation method of lost wages should be learned by college students proposed to determine the type of professional similar loss caused by loss; The dead compensation standard for the college students in college students is a group for social specially grown senior personnel, no matter its death and the urban or rural residents should be according to the standard of urban residents are to compensation; Finally, this paper analyzes the current university assumed feebly major damage after properly problem, consult some overseas practice combining the domestic actual situation, proposed the idea of compensation socialization.