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Research On The Legal System Of School Tort Liability Insurance In Primary And Secondary Students Injuries

Posted on:2011-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:W J KeFull Text:PDF
GTID:2166360302498070Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, frequent primary and secondary injuries become a major problem, which disturbed normal school education and teaching activities. School student injury accidents include no fault accident and tort accident with the school. The former is that schools should fulfill the corresponding responsibilities, which naturally does not require students to bear the liability. The latter is that school should bear the corresponding liability in tort. There are two common methods of compensation which include tort damages and liability insurance compensation for damages. Tort damages compensation at this stage dealing with primary and secondary schools is the main form of tort accident, taking it to schools based on fault liability in tort and damages borne by the school independently. Liability insurance claims schools insured have insurable interest to students, so the insurer bears compensation for injury to students. Insurance involved broadens the relief channel of primary and secondary injuries, transfers the risk of the school's compensation, and makes compensation for injuries to students more social, leading to the protection of the legitimate rights of students. Therefore, this paper argues, taking responsibility insurance claims which is used to deal with primary and secondary injuries is a valuable way for students.This article is on the Student Injury Insurance System, from the legal definition of student injuries and tort liability insurance. The legal definition of the two-pronged approach to injuries in the "students" limits the scope of primary and secondary students, while the school determined the type of tort liability insurance belongs to liability insurance for the school. School liability insurance in which primary and secondary schools should assume responsibility for tort damage liability insurance is a form of insurance subject to transfer the risk of schools to compensate, to compensate for loss of primary and secondary injuries. Chinese in primary and secondary injuries of the insurance system started late, so far, related research focuses on the principles of tort liability school identification, insurance, responsibility and commitment on insurance costs. Since tort liability insurance system involves the conflict between schools compensation insurance claims and the insurer; involves the contradiction between damages for personal injury damages and spirit; involves in the right of primary and secondary victims to dispute the insurance litigation, making this study a complex disorder. The insurance compensation is the vital interests of students, so we have to constantly improve the liability insurance system on campus.In this paper, the legal characteristics of the school liability insurance and legal basis for the entry point, the school liability insurance in our country is feasible. On the basis of the analysis of legislation and practice of school-related liability insurance, it was found in the school areas of responsibility of liability insurance system, non-responsibility insurance and student insurance litigation rights problems exist, combined with institutional innovations of foreign students hurt in accident insurance, make legal measures system perfect which is about our primary and secondary schools, tort liability insurance for injuries. This paper attempts through liability insurance, basic principles and specific legal measures to make up economic development level and educational level of development which are not balanced on the liability insurance contract specifically formulating to bring inconvenience. Based on balancing schools, students and the tripartite interest of the insurer, this paper tells that the principles of insurance benefits require that tort liability insurance should follow legal and economic model and the damages principle should combine tort damages and insurance claims for damage compensation. Based on equity and social considerations, liability insurance system should fully consider China's national conditions, socio-economic development situation and the circumstances around the school development, then develop a reasonable liability insurance contract. Considering the protection of the primary and secondary students, and strengthen the supervision of the insurance law, the liability insurance litigation should be protected in the right of action.
Keywords/Search Tags:Student injury accident, School tort liability, School liability insurance
PDF Full Text Request
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