Study On College Tortious Liability Of Omission

This paper focuses on three problems:under which condition college management action will constitute a tort, whether the college should take responsibility and take what kind of responsibility. Therefore, the author uses synthetically case analyses and comparative analyses to study tort liability of omission in college.The introduction describes the background and significance of the theme of this thesis,current research achievements on this research, and difficulties,research methods,and innovations of this paper.Since the legal liability is based on the confirmation of legal relationship between the subjects,it first discusses the characteristics of the relationship between the college and students:combination of administrative legal relationship and civil legal relationship.Next the concept of college tort liability of omission is defined. Then with the comparison between omission of tort liability and tort liability, the understanding of the omission of tort liability is further deepened. Finally, through the comparative analysis with contractual obligations, this paper maintains that college omission is not one of the contractual obligations but should take tort liability.The omission of tort liability is based on the fairness and equality of social values and the obligation of universities.The latter is discussed in four aspects: source, development, content and limitation.This paper adopts the'four elements theory',and affirms the independence and the value of illegality through analyzing the distinction between the illegality and fault,formulates the four form elements of omission of tort liability, i.e.,illegality, fault, damage consequences and causality. Further, the author suggests the omission of tort liability is mainly attributable to fault liability principle.In accordance with the provisions of law, the principle of presumption fault can be applied in certain violations,such as the violation of security obligation of college.According to whether there is the third party involved, the college tort liability of omission is divided into two types:when there is no other party involved, the college bears the direct responsibility;and when the third party gets involved, the third person torts and leads to students'property or personal damage,the third party bears the responsibility. If the third person is not able to undertake compensation responsibility or fulfill entirely the responsibility, or the third party is missing,and the college is faulty, then the college should bear the additional compensation liability in accordance with the degree of fault and cause for the omission.