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The Research Of School's Lability For Tort In Mnor Sudent Injure Accident

Posted on:2012-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z J XuFull Text:PDF
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Underage student damage incidents, unpredictable, legal relationship is relatively complex, has become widespread concern social and legal problems. Our country the law of tort liability, with three shoddily length to minor student imputation principle of injuries made specific provision, namely applicable fault imputation principle, has the remarkable rationality and feasibility. But, however new law in well received at the same time also exists some defects. Compared with China, foreign in this field? How is discussed in this paper, the foreign related legislation will make corresponding comparative study, in an attempt to analysis the process puts forward some beneficial to perfect our country to minor student injury accident in the opinions of the school's liability legislation, to align with their own little the meager strength..This paper intends to explore the school from six aspects in students' injury accident in immature civil liability issues.The first part, through the three cases of introduction, ask questions. The judicial practice, often encounter underage student injury accident case, however school in minor students damage incident, what is the position, and its fault, how to recognize our existing laws and how to solve this problem.The second part, minor students school injury accident overview. Including: the meaning and characteristic of the minor students, school of injuries definition and evaluated, minor students school of injuries classification, minor students injury accident infringement, the definition between schools and their students legal relation of five parts. This section function mainly is essential for here is how well theoretical foil.The third part, introduce foreign underage student casualty imputation principle, through to the continental law system and common law legislation comparison, it is concluded that the foreign countries or regions legislation and regulation of campus school case mostly injury accident bear fault liability rather than fault-presuming responsibility conclusion.The fourth part, analyzes underage student casualty imputation principle. Pass to our country legislation present situation and comments and interpret the tort liability law "relevant provision, analyzed the principle of fault liability of the establishment of scientific three aspects, this paper expounds this law making scientific and rational.The fifth part, analyzes the minor students casualty school's fault recognition principle and method, and concludes that fault as schools in minor students of injuries responsibility identification in key position, and hence its cognizance process should be carefully reasoning, reduce and avoid the judicial practice because of lack of specific procedures guide arising from the ills.The sixth part, minor students injury accident attribution analysis and control measures. Through the analysis of the minor students damage of the cause of the accident, and then puts forward some prevention measures, and puts forward relevant perfect our country to minor student injury accident school responsibility legislative Suggestions.
Keywords/Search Tags:accident, Students'injury accident, school, fault cognizance, the criterion of liability
PDF Full Text Request
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