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A Study On The Imputation Principle Of School's Civil Liability In The Student's Injury Accidents

Posted on:2011-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:L H YeFull Text:PDF
GTID:2166360302497085Subject:Civil and Commercial Law
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The topic of conversation of student's injury accidents is not novel.Not only it is paid close attention to by legal person, educators, but social public show solicitude for it also. Students' injury accidents involve many questions, such as the concept, characteristic and classification, defining the legal relationship between students and school, how to impute legal liability on someone concerned,accident prevention, and the deficiency in legislation and to perfect institutions concerned etc. Would rather write many issues related to students' injury accidents than study one problem of them in detailed,and struggle to express some novel ideas. Among all issues related student's injury accident, the key is to handle accident. The most difficult one is to imputate liability on school; While the issue of imputation principle of the school's civil liability in the student's injury accidents is the core of school's civil liability. At present, there are some viewpoints about imputation principle of school's civil liability in student' accidents.Relevant laws and declaratory statutes are inconsistent. To handle student's injury accidents properly,we must understand theoretically many of these key questions, such as school civil imputation principle at first.This shows that to study the imputation principle of school's civil liability in the student's injury accidents is of significance both in theory and practice.Besides the preface and conclusion, the paper has six chapters.The first chapter, several essential theories related the imputation principle of school's civil liability in the student's injury accidents. It briefly introduce the concept and characteristics of student's injury accidents, the legal relationship between students and school, belong to the body part, the purpose of which is to make readers to understand the topic preliminary,and lay the foundation of follow parts. The second chapter, imputation principle of school's civil liability for student's injury accidents to which articles cause. It introduces various theories and compares some laws related student's injury accidents, and talk about the legal principle grounds of fault liability principle for students' accident in which result articles.The third chapter, imputation principle of school's civil liability for student's injury accidents to which schools' actions lead.. Through introducing various theories and comparing some laws related student's injury accidents, it talks about the legal principle grounds of fault inferred liability principle for students' accident in which result schools actions own.The fourth chapter, imputation principle of school's civil liability for student's injury accidents caused by teaching staffs actions.Through introducing various theories and comparing some laws related student's injury accidents, it talks about the legal principle grounds of no-fault liability principle for students' accident in which result teaching staff; but its essential prerequisite is that teaching staff have faults in students' injury accidents.The fifth chapter, school bear fair liability. There are some conflict views about should school bear fair liability or not among scholars. Through the analysis of legal principle, especially the analysis of legal economics theory, the article thinks that the school only in special circumstances should undertake fair liability in students' injury accidents.The innovation of the thesis is that, with the method of typifications, the school should bear which civil liability in students' injury accident under different conditions, Furthermore, the thesis study in-depth the legal basis of school's liability for students' injury accidents in different cases by synthetical study method of literature method, economic analysis and other methods,.The chief shortcoming of this thesis is short of foreign material, especially the original foreign language literature used. Because the material cited is second-hand, so that the authority of the arguments in the thesis is not convincing.
Keywords/Search Tags:Student's injury accidents, Imputation principle, Action oneself, Duty action, Fair liability
PDF Full Text Request
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