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The Civil Liability Of The Primary And Middle School In Campus Personal Injury Accidents

Posted on:2009-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:X R WangFull Text:PDF
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In recent years, the happening rate of primary and middle school's students injury accidents have been a rising tendenty year after year, which lead to more and more school law dispute, and become a problem which all walks of society pay close attention to. However, existing relevant law and regulations of our country, for example, civil law general rule, protective law of the nonaged person, educational law, handling way of students harming accidents and so on, whose formulation is much wider for the middle and primary school which bear relevant law responsibility in the nonaged students injury accidents, and is short of unified law safeguard and effective resolving mechanism. Confronting with campus personal accidents, school, teacher and the relevant agent should undertake what the civil case law responsibility is, which became a problem that the judicial field faced with, and is an important task of the law walks.The article, which starts with present conditions of the dispute between our country's nonaged students and schools and combines with the concrete precedent, deeply analyzes their law relation, and in the legal principle analyzes deeply and explores school civil case responsibility and the fixed standard for nonaged students' personal harm accidents of our country, in order to effectively prevent and scientificly handle students personal injury accidents. In addition to, the article doesn't refer to the problem of mental harm compensation which primary and middle students' personality dignity, personal secrets and so on are violated.The thesis is divided into three parts:The first part, from the angle of civil case pirate, fixes primary and middle campus personal injury accidents, and concretely puts forward the concept and the characteristic of the campus personal injury accident, and classifies the campus personal injury accident according to the difference that the reason of primary and middle campus personal injury accident and the bearing responsibility. Meanwhile, the article fixes the law relation between nonaged students and school. The article maintains that the school is not the guardian of nonaged students, but participates in civil case activity as an indentity of the general civil case subject. The school responsibility that nonaged students are injuried in the campus shouldn't be broadened. The school is an educational, management and protective person of nonaged students who are in school, and the education law relation of the education, management and protection is the law relation which is caused in the course of carrying out education and teaching and possesses public law characteristic.The second part mainly expounds the imputation problem of primary and middle campus personal injury accident, and points out that the school, for nonaged students' personal injury accidents, bears law responsibility only in the situation of fault liability and shouldn't bear law responsibility in the situation of unfault liability, and points out that it is not suitable for adopting imputation principle of equitable responsibility because of the speciality of campus personal injury accidents.The third section, refering to nowadays' present conditions of primary and middle campus personal injury accident, puts forward concrete resolving and guarding against measures from the two aspects of strengthening education legality and realizing compensation responsibility socialized, in order to effectively resolve the relevent problems of nonaged students personal injury accidents.
Keywords/Search Tags:Campus personal injury accident, Fault liability, Nonaged students, Imputation principle
PDF Full Text Request
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