On The Performance Obligation Of Universities And Colleges In Students' Personal Injuries

The frequent occurrence of students'personal injuries in universities and colleges in recent years has triggered long-lasting disputes between university authorities and the injured students or their families. Whether the university and college authorities should undertake the liability and how much do they have to undertake, it have not been reached a consensus by the scholars in judicial system. Infringement law holds that only liability produces responsibility. Usually the personal injuries of students are closely related to the absence of performance obligation of universities and college. Therefore, a series of definite regulations of performance obligation of the higher institutions will provide a particular criterion of whether they should bear responsibilities of the students'personal injuries, solving the problem of universities'responsibility completely. The performance obligation, should include administration of infrastructure in universities and colleges, information publicity, warning of danger, provision of enough protest and good regulation for students and staff. And the violation of performance obligation must undertake responding liabilities, including criminal liability, administrative liability and civil liability. The nonfeasance infringement of universities and colleges should meet the requirements of fault, causality and harmful consequences. And the performance obligation is the judgment of their fault and illegal behavior. To make sure if the university and college authorities should undertake liability usually follows the standards in three different stages. First, the authorities should strictly do what laws and regulations have detailed. Second, in condition of no specific terms in laws and regulations, the protecting responsibility that universities should undertake must meet the requirements that other civil body will pay enough attention. And third, in other circumstances, it applies to the principle of reasonable person. Of course, the undertaking of responsibility by university should be based on the causality. The personal injury of students'resulted from the nonfeasance infringement of universities should apply to the principle of fault presumption. And in terms of detailed liability bearing, universities should bear responsible liability when they occurred personal injuries of students in condition of absence of performance obligation. If the original source of the students'personal injuries is from a third party's infringement, then the third party should undertake the responsible liability. However, if the university has fault, the university has to bear relevant supplementary liability in a certain range that it should avoid, stop or alleviate the injury.