The School Liability Of Compensation In College Students Personal Injury Accident

With the expansion of community service and students in colleges and universities, college students personal injury accidents have occurred frequently, which is obviously on the rise. So student administration in colleges and universities is now faced with severe challenges. How to accurately ascertain the legal responsibility of colleges and universities in college students personal injury accidents and to safeguard the student victim and the colleges and universities' lawful rights have always been the hot topic of the education and social public opinion.Based on Disposal Act of Students Damage Incident issued by the Ministry of Education, this paper has made a further exploration on colleges and universities liability in college students personal injury accidents from the following five aspects:The first, it briefly describes the status quo of college students personal injury accidents, puts forward the concept of college students personal injury accident, summarizes the characteristics and types of college students personal injury accident, and explains the meanings of some terminologies, such as "colleges and universities", "undergraduates", "education and teaching activities", "education and teaching equipments and living facilities" and "personal injury", and further clarifies the specific connotation of college students personal injury accident. The author advocates that the university could possibly undertake the legal liability only when the college students personal injury behaviors or results occurred at the time and the place that the university had responsibility.The second, this paper analyzes the principles of liability of college students personal injury accidents. The author believes that the college student personal injury accident belonged to the general civil tort case, which should be applied to the fault liability principle. Namely, Only when the colleges and universities did not fulfill the responsibilities of the education, management and protection of the students, causing students personal injury, were the colleges and universities liable for damages. Under the circumstance that the parties have no fault, it can be applied to the principle of equitable liability to make up for the injustices by the principle of full liability.The third, this article expatiate on the components of the personal injury accident of the college students. If conditions such as colleges and universities have trespasses, cause hurt to the students, there are causality between trespasses and injury and colleges and universities have subjective fault, could be fulfilled, the colleges and universities should afford the redresses.The fourth, this article summarizes eight conditions that the colleges and universities should afford the redresses and six conditions they could be exempted.The fifth, aimed at the embarrassment that colleges and universities faced when they afford the redresses, the author put forward several solutions to this problem, such as efforts to raise compensation, associations about establishment of the compensation fund, cover School Liability Insurance, etc. These measures will provide a firm material foundation to fulfill liability to pay compensation.