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School Responsibility In The Injury Of Students' Physical Infringement

Posted on:2015-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:L Y DuFull Text:PDF
GTID:2176330422967756Subject:(degree of civil and commercial law)
Abstract/Summary:PDF Full Text Request
In recent years, students in personal frequent violations, violations of campusupward trend in the near future, are causing widespread concern in public opinion.In these events, the school almost without exception, brought to the dock, thenwhether the school should take responsibility: what kind of responsibility, bearmuch responsibility has become a critical issue. To solve this problem you first needa rational analysis of the legal relationship between the school and students toestablish clear and reasonable system, and the Responsibility of the school, which isa unified judicial practice, safeguard the legitimate interests of the school andstudents, coordinate the interests of both sides, to maintain school’s normal order,Association for the Advancement harmony, stability has a very important practicalsignificance."Student Injury Treatment " violations of campus regulations and instructions tomake the campus violations mainly refers to its educational activities in schools,extracurricular activities and in school managerial responsibilities or othereducational venues in China promulgated teaching, occurred within living facilities,resulting in an event in school physical infringement consequences. However, fromour legislative process on campus violations of view, does not seem to improve andadjust its complete legal, but scattered " Constitution " and " Civil Law"," Law onthe Protection of Minors "Civil Law " compulsory Education law "and" teachers"and other sartorial laws, these laws although there are some violations of theprovisions of the campus, but its lack of integrity and practical operability. With theintroduction of " Tort Liability Act", the process is no capacity for civil conduct andthe capacity for civil conduct restrictions suffered personal injury have a more complete basis, but it has no effect on the college students of habeas corpus forspecific provisions, although the vast majority of college students has been a totalcapacity for civil conduct, but they are a special group of students. Campusviolations increased, in the form of increasingly complex, more difficult to hear, to acertain extent, is still relevant laws, regulations, policies, inadequate due. In the caseof public safety and social awakening of the growing awareness of the law, parentsand the school community such as public organizations increasingly high demandfor school students in the protection of the safety of high hopes, but because ourcountry is a society in transition period, the schools bear the greater pressure in thecase of a contradiction between the two will be over time, much worse. Qualityeducation is to improve the educational level of an important aspect, it must increaseits efforts to implement, and in the process, how to effectively prevent and controlthe occurrence of violations of the campus has become a larger problem. Once oncampus violations occur, it is bound to the students of the personal injurycompensation, even worse is the trigger action. Parents of victims and the amount ofcompensation requests of students between school and actual compensation capacitymost of the time there is a big gap. In order to promote better fulfill schooleducation, management responsibilities, the protection of the legitimate rights andinterests of students, the students in this article from the perspective of the civilcapacity of the responsibility of the school conducted in-depth discussion.At present, a court in the course of infringement cases on campus, do not payattention to distinguish between different types of infringement cases at differentstages of the school what happened. The core of this article is for all students inschool in school, personal life suffered during the Infringement of a system forresearch, clear responsibilities and obligations that schools should take. China’scurrent campus on tort liability legislation a comb and discussion found its problems, and make some recommendations related to improvement, trying to find a solutionto the current problems of strategy, approach, in order to properly handle personaltort in school events, find a balance between the vital interests of the students andthe school.The article consists of five parts. The first part is an introduction. The beginningof the article is to explain the background and description, and then through theliterature analysis, research methods jurisprudence, comparative analysis andsynthesis of research methods, school without civil capacity, limited capacity forcivil conduct and full civil capacity Student Personal violations should bear theresponsibility it has in the case of fault.The second part is an overview of the school’s responsibility. Through theconcept of tort liability of exposition and understanding of the concept ofresponsibility leads to the school, and this analysis and definition, sort of tortliability with respect to its inherent characteristics. Then there are the responsibilityof the school to the theory and the main argument for a comb and academiccommentary. While the legal relationship between the properties of schools andstudents to explore, compare differences in civil law and common law on this issue.The third part of the school campus tort liability identified. Were no civilcampus to explore the ability of people with limited capacity, the full civil capacityof people suffered personal tort liability and incapacitated people suffer fromvarious stages of personal responsibility principle Infringement investigate andmake a statement, its clarity pros and cons, some reflection. Through the abovethree types of problem analysis, research their family responsibilities, schoolpersonnel, should bear the main responsibility for their respective schools, whichalso includes a school is what kind of position in the mixed infringement, howshould bear the responsibility. The fourth part of the common law countries and civil law countries arediscussed in the relevant provisions do a school responsibility, learn from thesuccessful experience of outside and draw some inspiration.The fifth part, the legislative status quo violations in the school campusresponsibility, defects and improves vision. Include the following aspects: pricesegment on the status of school liability legislation comments, see its flaws.Principle of Liability for the school needs to be further explored, and strive itscontinuous improvement. I believe that when dealing with campus injury cases, todeal with the responsibility to be fair and correct positioning, the school should beconcerned about the situation liability waiver. Liability insurance to insure theschool identified as a legal obligation of the school, and rise to the scope of the lawmandated. School liability laws due to lower order bits and system is not perfect, sothe need to introduce laws and regulations specifically for school accountability.And the establishment of mechanisms to prevent copyright infringement on campus.
Keywords/Search Tags:Campus infringement, School liability, Responsibility for theway, Perfect vision
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