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Research On The Liability For The Accidental Injury In School

Posted on:2006-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:W X LiFull Text:PDF
GTID:2166360185953484Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, accidents have happened form time to time, injuring school students, especially those in their minority. These tragedies not only inflict great hurts, both physical and spiritual, on the victims as well as their parents, but also disturb the educational order in schools.The current related laws, such as General Principles of Civil Law, Education Law and Law on the Protection on Minors, only set down some abstract principles in this respect and the regulations remain vague on how to deal with accidents of injury to students, define the fault of school and attribute liability. From this situation stem many disputes in practice. How to classify the relationship between schools and their students and which principles to be applied to the fixation of liability are crucial to handle the accidents injuring school students properly. According to the view of the paper, this kind of relationship originates in the educational activities that take place by the guidelines and standards of national education. It's a relationship between educating and being educated, administrating and being administrated and protecting and being protected. Whether a school has the responsibility of guardianship for its students and whether it's liable for accidents that happen to the students due to its negligence are widely quarreled over at the time being. The theory of shift of the responsibility of guardianship by agreement or presumption is in line with neither the doctrines of law nor the real intention of the country's related regulations. Furthermore, the theory is stricken with some weakness that cannot get overcome in practice. Schools and teachers should perform in education, administration and protection with due care at different levels according to the different ages and capacity of their students. Otherwise they are liable for their own negligence.The Ministry of Education provided some rules by enacting the Measures on Treatment of Accidents of Injury to Students. These measures are positive but have only weak force de effect. It's worthy of much research on how to use the measures in handling the cases of this kind.With the analysis of the rules of liability insurance and some local tentative practices, the paper put forward the advice that the schools insure their liability for the accidents and distribute the risks among the society, thus socializing the responsibility for damages in accidents of injury to students.The paper is divided into three parts, i.e. the prelude, the text and the conclusion. It contains about 40,000 words.
Keywords/Search Tags:Accidents of injury to students, the doctrine of liability fixation, fault liability, the standards of fault, the socialization of the responsibility for damages
PDF Full Text Request
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