Civil Tort Liability For Campus Injury

Recently, frequently arising campus injuries have caused high level of attention among society on campus infringement. Such attention has no longer been limited in regret about campus massacre and hatred about infringer, but has been deeply rooted into all kinds of aspects like legislation, justice and education management and so on. However, due to delay in China to establish a legal state and low level of educational legalization degree, there is deficiency existing in exclusive laws and regulations related to campus infringement civil cases and the imputation and relief mechanism as to campus infringement is not standard. As a result, reinforcing study over civil infringement responsibility of campus injuries is of significance as to regulating campus infringement legal system, protecting legal profits of students on campus and promoting the development of Chinese education.The thesis studies civil infringement responsibility of campus injuries from four aspects including definition of campus injury, imputation manners of campus infringement responsibility, exemptions and the undertaking of infringement responsibility through synthesizing legal knowledge and practice, combining specific cases of part of campus infringement, which explains civil responsibility over campus infringement from the perspective of practice and proposes personal ideas and suggestions of the writer.Chapter one in the thesis defines campus injury, and defines campus injury as accidents arising in education institutions or activities organized by education institutions which violates legal interests of students without or with limited capacity for civil conduct.Chapter two is based on regulations from Article 38 to 40 in Tort Liability Law, which explains responsibility undertaken respectively by the school, third party outside campus, and student, and commonly used imputation manners.Chapter three combines specific cases and explains from the perspective of legal practice that as responsible party, the school raises liability exemption of plead and reasons for mitigated responsibility and analyzes legal relation between school and victim students combined with specific cases.Chapter four is based on article 134 in General Rule of Civil Law, and Article 15 in Tort Liability Law, which explains specific mode of infringing party to undertake compensation responsibility after arising of campus infringement combined with practical situation of campus infringement, providing reference for infringing students to propose compensation requirements.The last chapter indicates insufficiencies of China in precautionary measures against campus infringement now based on summary about the thesis and proposes some personal suggestions with the purpose to appeal society to improve emphasis on campus injuries, creating a safe, stable and harmonious educational environment for students.