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On The Civil Responsibility Of School In Personal Injury Accidents Of Middle And Primary School

Posted on:2007-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:S K QinFull Text:PDF
GTID:2166360185980839Subject:Economic Law
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As injury accident of students has high frequency and is hard to foreseen, and its legal relationship is complex, it has become a wide concern as a social and legal issue. The article expounds this. In the first chapter, the article expounds the concept, characteristics, types, liability subject and the legal status of student injury accidents. The article holds that the student injury accidents refer to the personal injury accident suffered by students while schools are undertaking education, management and protection duties. Since primary and middle schools implement the compulsory education with its public and commonweal characteristics, their bearing the responsibility is special. This article deals with the bearing of responsibility of this special liability subject.The second chapter expounds the nature of primary and middle school's responsibility and holds that both public and private schools have commonweal characteristic, but it doesn't assume the custody responsibility or contract responsibility for students. Their obligation origins from laws and the liability that they assume is the legal statutory education, management and protection responsibilities.The third chapter expounds the bearing of school's responsibility. Firstly, it analyzes the general doctrine of liability of school's responsibility and holds that doctrine of faultless responsibility is seldom applied in the student injury accident and thus can not act as the general doctrine of liability of school's responsibility; Equitable responsibility is actually unfair to schools and can not be applied in the student injury accident; Schools assume the responsibility for fault. Taking into account the weak capacity of pupils'adducing evidence, it is more appropriate to implement the doctrine of presumption of fault liability. Secondly, this article also analyzes a core constituent element of school's responsibility--- fault. Since laws and regulations have definitely stipulated school's education, management and protection obligations, it is more appropriate to adopt the objective doctrine of fault to determine the school's wrongs.But we shall consider the time and location of the injury accident, and student's age and intellectual situation, and shall strictly distinguish between teacher's duty conduct and non-duty conduct.The rest part of the article dissertates the sharing mechanisms of school's responsibility. As the tackling of student injury accident should not only consider the student's interest, but also enable the school to bear and raise their consciousness of...
Keywords/Search Tags:injury accident of students, school's liability, doctrine of liability, determination of wrongs
PDF Full Text Request
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