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The Case Analysis On Civil Liability For Minor Students Injuries On Campus

Posted on:2011-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y W LiFull Text:PDF
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After the accident of Minor student injuries on campus, if people wanted to identify the responsibility of school and the student who caused person damage, the first step was to affirm the legal relationship between school and minor students, and define the criterion of liability. As for the minor students, the guardian must be responsible for them. At the same time, the school must have the obligation of management and protection for them on school days, and the obligation will be higher than adult students. The guardian bears no-fault liability for the damage, while school shall undertake the liability for wrongs or for presumptive wrongs. In order to solve such accident smoothly, it is necessary to perfect our country's legislation and the school liability system. For the purpose of preventing such accidents, the campus safety laws and regulations should be strengthened. The disciplinary punishment system should be established through learning the experience from other countries.This paper has four parts:The first part introduces the case of Lou Shaochuan v Lou Jiwei& the Junxi elementary school, and analyzes the disputes and focuses in campus injury case by minor student between both parties, in order to extract the main problems existing in this kind of case.The second part mainly points out that, the relationship between school and minor students is a kind of special and legal relationship for education, not for wardship and contract. The school should pay more attention to the student's security in legal. It also analyzes teachers'behavior and the school's ability to take the responsibility and liability.The third part discusses the responsibility of school, the guardian and student who caused person damage. Then it defines the criterion of liability. The author believes that school should undertake the liability for wrongs or for presumptive wrongs, and the guardian bears no-fault liability for the damage no matter whether the wardship is belonged to school. The fourth part mainly discusses the problems existed in how to prevent the campus injury case in our country. In order to protect the rights and interests of the students after the accident and prevent it effectively, the author suggests that, the related campus safety legislation and the construction of education safety system should be strengthened, and social insurance system must be improved.
Keywords/Search Tags:Minor Student, Campus Injury Case, Civil Liability, Presumption of Fault
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