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On The Liability Of Campus Responsibility In Campus Infringement

Posted on:2015-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YangFull Text:PDF
GTID:2176330422967768Subject:Law
Abstract/Summary:PDF Full Text Request
School is the place of imparting knowledge, teaching is the natural duty ofschool, and the school in the process of education students, and take the responsibilityof management and ensure the safety of students. Taking into account the damagecaused by the students a variety of reasons, so we had a school differences in terms ofcivil liability. Because of infringement form is not the same, so when the schoolresponsibility for different imputation principle. School liability issues directly relatedto the interests of the victims’, but also the long-term development of educationundertakings.I will be the main body of this article is divided into five parts, the following willdiscuss the main content of each part with my comb.The first part is mainly to a clear definition of infringement on campus, andcombined with the current laws and regulations, respectively from the subject, time,space, three aspects discusses the characteristics of campus tort events. Through aseries of laws and regulations in detail, to clarify the relationship between the schooland the students, eventually come to the conclusion that the school and the students ofthe relationship is neither adopt "custody transfer", also don’t use "custody entrustsaid," but a "relationship" legal education management.The second part mainly discusses the campus tort events when school authoritiestake responsibility for what imputation principle. In associated with "school" of suchinfringement case, fault liability principle is in the leading position of imputationprinciple. In addition, there is no principle of fault liability and fair liability, the twocannot apply as a general imputation principle. In the latter half section, the authordetailed lists of other countries in the world, when the infringement cases in campus,the school is based on what to take responsibility imputation principle.The third part of the campus school’s civil liability in cases of infringement ofconstitutive requirements in detail in this paper. In the cases of infringement ofcampus is discussed, when meet the requirements in four school authorities to take responsibility. They respectively are implemented as or not as a way of tort, doesexist or health damage to the body, the result of the infringement behavior anddamage result there is a cause and the cause of causality, the school there is a fault. Inthe judicial practice in our country in the definition of damage that is caused by somekind of behavior of the school, tend to adopt "a causal relationship theory". In judgingthe school on the question of whether there is a fault, is the "objective evaluationstandard".The fourth part mainly main list some real cases in the real life, with the help ofthese occur in the real case to understand us in cases of infringement of the campus,the school under what circumstances need to take responsibility, and under whatcircumstances can be mitigated punishment or be exempted from liability. Campusinfringement cases, from the source of harm distinguishing between internal causesand external causes of infringing copyright two of situation. If infringement cases oncampus, the school does not exist the misconduct, in some cases can be exceptions.The fifth part mainly around the school’s responsibility to share. To activelyexplore the main problems of the socialization of the liability of the university, thispaper expounds the necessity of the school liability socialization, and puts forwardsome ideas for the school responsibility socialization. We should set out from ouractual situation, the differences between each region, in the face by a governmentgrant, the way the school raise money, social donations to purchase liability insurancefor the students. Combined insurance and set up a compensation reserve at the sametime, the greatest degree of protection of victims’ interests, the maximum guaranteethe smooth development of the education.
Keywords/Search Tags:Campus tort, Limited capacity, Imputation principle, Schoolresponsibility
PDF Full Text Request
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