On The Civil Liability Of The Casualties In The School Of College Students

Student-injured accidents occur frequently in universities. It has not Qnly brought misfortune and pain to students and their families but also brought negative impact and disorder to the normal development of school education. Determining universities'civil liability in the accident is the main point of actively and effectively preventing student-injured accidents and properly handling them in time. However, law in China lacks adequate norms for such incidents. The education sector and the academia have not reached a consensus on relevant legal issues. Judicial practice is also lack of direct, specific legal basis. Based on existing legal theory and judicial practice, this essay is a sketchy discussion of the issue.Civil liability is based on the existence of civil legal relationship between universities and students, in order to fulfill corresponding obligations according to law. Based on the liabilities on certain conditions and composition, if universities violate corresponding obligations, they can be recognized to assume the civil liability. A right without remedy is not right. After the recognition of the liability of the accident, the accident should be handled, based on certain principles and procedures. The compensation for damage should be reached to protect the rights of both parties. The ultimate goal of the recognition of civil liability is not only the relief of students'and universities'rights, but also the effective prevention of student-injured accidents. According to this logic, the essay is divided into five parts.The first part is the analysis of the legal relationship between universities and students. Starting from theories of legal relationship between universities and students both domestic and abroad, proceeding from our practice, the essay demonstrates a variety of administrative legal relationship and civil legal relationship through empirical methods that exist between universities and students, primarily civil legal relationship.The second part discusses the security duty of universities'. This part analyzes the legal basis and source of university security duty, elaborating the main elements of university security duty, analyzing the recognized standard of the breach of security duty, that is, the reasonable person standard, the professional standard and the standard applicable to the cost-effectiveness.The third part is an interpretation of the legal structure of civil liability in universities. The nature of universities'civil liability is tort liability from the practical point. The liability principle should be a system based on fault liability, completed by the principle of presumption of fault. Under certain circumstance, justice liability can be adopted to it. The elements of civil liability in universities are damage behavior, damage fact, causation and fault. The standard of causation is causal relationship.The fourth part investigates the remedy mechanism of university student-injured accidents. Handling student-injured accidents must be legal, objective and just, timely and properly. The three kinds of procedure are consultation, mediation and litigation. Damages include compensation for property loss and mental damage compensation. To ensure the source of damages, it should be set up upon compensation reserve and compelled liability insurance of universities.The fifth part proposes prevention measures and legislative proposals of university student-injured accidents. Student-injured accidents should be prevented through the cooperation of schools, students, families, society and legality. Setting up complete and specific education laws and regulations which involve rank-scattered legal hierarchy and connective and complementary content is the fundamental guarantee to prevent and solve university student-injured accidents.