Font Size: a A A

On Campus School Responsibility In The Personal Injury Accident

Posted on:2008-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2206360212487416Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the Campus Students Injury Accidents gradually draw a wider range of concern among people because of its frequent occurrence and great social impact. On some contentious issues, we not only need to clarify them in theory, but also need to address them through legislation. However, current laws and regulations are so simple that even leaves them legal vacuum and relevant regulations are scattered in different provisions of the law, far from systematic. For a complete grasp of the Campus Students Injury Accidents and to resolve issues related to it, the author use the method of combining theory and practice, discuss it in angle of definition, characteristics, properties and other aspects of its attribution principles, hope to provide some reference for settling this issue.This paper is composed of four parts. In the first part, we discussed definition and features of the Campus Students Injury Accidents, and according to a certain standard, we give it a more clear-cut classification. The second part discussed the relationship between school and students, and mainly expound to the nature of the liability that the school shouldered towards adults and minors students'injuries, and hold that school should bear the education, protection and supervision liability rather than guardianship as well as the so-called quasi commission contract violation liability. The third part of the paper put forward the imputation principles of the Campus Students Injury Accidents. According to its complexity, it's not suitable to establish a single imputation principle to solve the problems of the Campus Students Injury Accidents. Therefore, this paper introduces cases where the Liability of Fault, Liability without Fault, and Fairness Liability can be applied, and profoundly expounded to the subjective nature of the school fault and the objective criteria to judge it. The last part of the paper select two complex categories of the Campus Students Injury Accidents: "students'injury in activities organized by the school"and"the students injury caused by the third party", and explore the application of laws and its settlement approaches.
Keywords/Search Tags:Campus Students Injury Accidents, School Liability, Imputation
PDF Full Text Request
Related items