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Research On School Responsibility For Campus Injury Accident

Posted on:2010-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:X B HeFull Text:PDF
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Nowadays, Campus Injury Accidents have taken place more often, the relevant present law of our country is restricted into the formal social reality, and hardly to catch up with the present situation, moreover, the articles are too obscure and sketchy and hard to apply in. Especially with regard to the rights and responsibilities of schools, there are still many legal adjusted "blind spots", even though there are some principled regulation which can be applied correspondingly, but the judiciary, theoretical community, schools and even the students'parents have greater differences on understanding of the relevant regulation, resulting in some disputes can not be settled timely and fairly in practice, which not only do harm to the legitimate rights and interests of the minors, but also affects the school's normal teaching order. So, making clear nature of the responsibility of schools to students,establishing responsibility principle on taking consequences of the school have become burning major problems currently. The thesis has analysed different opinions about the handling of Campus Injury Accident in academia and judicial practice of our country currently, has propoposed its own standpoint. The thesis can be devided into five parts.In the first part, this thesis introduces the definition of Campus Injury Accident. This is the basic part of the whole body.The thesis firstly defines Campus Injury Accident in order to make clear the notion of the Campus Injury Accident and the relative issues. This thesis adopts the concept of Campus Injury Accident in"Campus Injury Accident Approach"Article 2,the key of defining Campus Injury Accident lies in defining"students", "school", "harm" as well as the time and space Campus Injury Accident happened.Secondly, make some research on the features of the Campus Injury Accident, including the Subject, Time, Place, Mens Rea and the Causation. This thesis classifies the Campus Injury Accident. According to different criteria, Campus Injury Accident can be devided into different types. Starting from specific circumstances of education, basing on responsibility principle of Civil,aiming at distinguishing legal liability and preventing the occurrence of similar accidents.Thirdly, according to different baneful subject in campus injury cases, Campus Injury Accident can be divided into three types including school responsibility accident, students and their guardians responsibility accident and the third person responsibility accident.In the second part, the thesis discusses the relationship between the school and the minor students. The understanding of the relationship between school and minor students affects the results of the cases, the relationship between schools and minor students must be made clear. Influential views in academia are"guardianship responsibilities entrusted"thoory and"guardianship agent"theory,the thesis analyses these two views, points out the unreasonable opinions.Based on the analysis of the relation theory between the school and the students, it raises that, the relations between the schools and the minor students are the those between the educate and the educated, the managing and the under-managing, the protecting and the protected, Defining the relationship between schools and minor students properly, you can not only make clear the rights and obligations of school, but also can establish the foundation of responsibility principle in Campus Injury Accident. This thesis points out that defining the relationship between schools and minor students properly is important to affirmating of responsibilities,and thus pave the way for the exposition below.In the third part, the thesis introduces disputes about responsibility principle of campus injury accident in our country. Academics have different views and great differences on the composition of responsibility principle in tort law,I am inclined to support the third opinion,believe that the principles of tort law system consists of three kinds of responsibility principle: Non-fault Responsibility, Duty Responsibility, Responsibility under the Equal Principle. And to elaborate on these three principles are. Academia on campus injuries attributable to the principles that should be taken there are different views.Firstly, it gives an overview of tortious responsibility principle. Secondly, it introduces the academic contend , there are four main viewpoints: school taking Non-fault Responsibility, school taking Duty Responsibility, Responsibility under the Equal Principle in some cases and school taking the Fault Responsibility. With professor Wang Liming, represented by scholars believe that the injuries on campus, the school should bear the no-fault liability; to Chinese Academy of Social Sciences Institute of Law, Legislative Study Group of the Civil Code of China, represented by scholars believe that the injuries on campus, the school should assume fault presumption of responsibility; many scholars and judges, advocates dealing with cases of injury accidents on campus, we should introduce the principle of fairness; advocate that schools bear the legal basis of fault liability is China's "Civil Law" Article 106, "people pass opinions", article 160 and "personal injury compensation interpretation of" Article 7.In the fourth part, the thesis discusses the responsibility principle should be adopted in Campus Injury Accident. This part is the theoretical focus. It analyses the standpoints above ,excluding the Non-fault Responsibility and Responsibility under the Equal Principle , believing that Campus Injury Accidents take different responsibility principle in different situation, Duty Responsibility shoule be adopted for students without legal capacity for civil, Reverse burden of proof introduced by the kindergartens and schools to prove himself for the occurrence of injuries is not fault;the Fault Responsibility should be adopted for students with limited legal capacity for civil ,schools are fault when the fault level of commitment to their corresponding responsibilities, schools do not fault you do not have responsibility. The thesis lists several types typical cases of Campus Injury Accidents, it analyses the cases by sequence combined with the trial practice, through the cases explaining that the schools shoulder different responsibilities in different circumstances.In the fifth part, the thesis will introduce legislation on Campus Injury Accident. Injury accidents in China on the campus departmental regulations stipulate that only one or two judicial interpretation and a number of local laws and regulations, the lack of specific laws and regulations, resulting in the emergence of judicial interpretation of departmental rules and regulations to replace the legislative situation and result in the application of judicial practice Legal confusion, ambiguity, different scale, therefore, urgent need to improve the campus injuries legislation.It makes research on the following three aspects, firstly to suggest the legislation of school responsibility in order to protect the rights of the minor students.;secondly to suggest the construction of the handling system in order to settle the accidents fastly, timely and precisely; thirdly to find out the countermeasure and the method, that is to carry out the social amandament of the Campus Injury Accident and the construction of the Responsibility Insurance of our counntry in order to protect the injured students lawful rights and the normal education order of the school better.
Keywords/Search Tags:Campus injury accident, Civil liability, Responsibility principle, Fault responsibility
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