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The Duty Of Care And The Liability Of The School

Posted on:2010-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:H Q ShenFull Text:PDF
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Student-injured accident is an objective situation,the legal relationship of which is very complex.The core issues discussed in this paper are how to coordinate conflicts of interest between school and students.The accurate definition of legal relationship between School and the students is the premise that student-injured accident is treated objectively and fairly,then we have to clarify a variety of opinions of legal relationship between school and the students. Theory of guardianship,quasi-administrative relations,contractual relations,do not meet the actual situation in China,or in legal existence on omissions,or there is all sorts of questionable non-tight place.Only the relationship of education and management that is most in line with China's school and students practical.Because of the legal relationship of education and management,school has the obligation to protect the students.The obligations that school has to protect the security of students include:the obligation to disclose,educate and organize.These obligations require school to take positive behavior and protect the students and their properties not to be violated. Therefore,these obligations are positive act duty.The basic source of law is the theory of controlled danger and economic analysis of fault.When analyzing tort liability composition of student-injured accident,I take an analytical framework that include:objective elements,the subjective attribution basis, exemptions,namely in the objective aspect of existence happened Student personal injury damages,causation of the damages and schools negligence of education,management and protection,school's acts of education,management and protection violate the rules of the People's Republic of China Educational Law and other laws and regulations.About the causal relationship in the theoretical and practical,there are the equivalence theory, considerable causation,purpose theory,positive causal relationship,proximate causation and others,these are all worthy of challenge.Therefore,to determine the causal relationship between school behavior and students damages,the rules of the direct cause and proximate causation are in practice.At the basis of the subjective aspects of Imputation,I take the principle of fault liability.School assumes responsibility for the consequences of student injury,must have a subjective fault.Finally the school must not have the relief matter.When school does not fulfill the duty of care,the tort liability that the school should undertake include direct liability,indirect liability and complementary liability.
Keywords/Search Tags:Student-injured accident, A duty of care, Fault, Tort liability, Causation
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