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Study On Tort Liability Of School In Minor Students' Injury Accidents

Posted on:2012-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:D DingFull Text:PDF
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Minor students personal injury compensation cases are belong to common infringement cases. In recent years, minor student campus injury accident showed a trend of rapid growth and minor student campus injury damage type also are becoming increasingly complicated. Now, underage student campus harm incident has become a hot social concern. Because of the legislation about minor student personal injury compensation case still is not perfected in our country, so that when in judicial practice is hard to dealing with such cases. It is for this problem, this paper attempt to analysis the case that published in the Supreme Court Bulletin 2008 No. 9. It's a minor student personal injury compensation case. From the case, the author puts forward that the schools to students have security obligations and analyses campus activities of damage compensation cases imputation principle and points out how to determine the extent of liability that relevant parties. Lastly, combine the case opinion and other similar cases to analyzing so that makes this problem more clarified and practical. To judicial practice in the future when dealing with such disputes may can give somewhat guide and help.The case analysis research method was used to analyzing the case that published in Supreme Court Bulletin. This article is divided into four chapters: The first chapter presents the whole case and court viewpoints; The second chapter basically analyze from the legal relation between schools and students, contract law and Tort liability law, to consider that the court's decision is correct. The third chapter basically on all countries to minor student campus damage imputation principle of events were studied comparatively, and pointed out the minor student campus damage imputation principle of events; The fourth chapter from our relevant legislative background and current situation, to points out that the decision of Huang Yusen case have strong demonstration and significance in a future when the Court to handle such cases.
Keywords/Search Tags:Campus Damage, Security Obligations, Imputation Principle, Fault Liability, Fault Offset
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