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Economic Analysis Of Libility For Tort In Campus

Posted on:2012-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:B C LiuFull Text:PDF
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In recent years, the campus infringed upon the right the case to increase progressively year by year, must undertake what responsibility about the school, in the educational world still had the difference, in the judicial practice processes case's basis very not to be also unified. This article attempts from the economic angle of view, undertakes the way on the school civil tort responsibility to carry on rationally the comparison, the analysis, the research, the goal lies in is further clear about school authorities' responsibility, practical maintenance pedagogue and school both sides legitimate rights and interests, thus enhances the social whole the welfare. Regarding this central viewpoint, this article conducts the research from three aspects.The first aspect "Son Military training Death School Does not manage through a Chinese Court net publication's piece of case, When Guardian Attains Compensates 90,000 Yuan" proposes the bold supposition:In campus right infringement question, regarding, even if arrives at the harm which the essential attention still unavoidably occurred, whether the school can not undertake the liability of compensation. Hereafter introduced in detail extant domestic and foreign about the campus right infringement legal rule.The second aspect is this article central content, revolves to turn over to behind the responsibility principle the economic question to launch the elaboration. First is suitable the Chinese Germany formula analysis mistake responsibility principle, then through the mistake responsibility and the strict responsibility's comparative analysis, including the single bilateral behavior's drive question, the fair responsibility and the risk assignment, as well as the school supplements the liability of compensation regarding the third person of mistake, further expounded that mistake responsibility principle's being suitable, and proposes the central viewpoint explicitly, namely regarding, even if arrived at the essential attention still unavoidably to have the harm, the school did not lose the liability of compensation. The third aspect unifies the overseas advanced experience, pointed out that a solution judicature practice question the admission passage, namely the introduction insurance spread loss's way solves the campus right infringement compensation problem.In summary, this article thought:In conflicts mutually under the benefit competition limited law resources'hypothesis, the correct decision-making protects any benefit fully, but in protects in each benefit to invest the appropriate quantity the resources, seeks delivers the sum total which the benefit protection realizes the maximization. From economic angle embarking, so long as can cause the social welfare maximization, and in a bigger significance has realized fairly in the top level. Therefore, the school needs the discrete prevention and the suitable investment, regarding, even if arrives at the harm which the essential attention still unavoidably occurred, may not undertake the liability of compensation. For in the better solution judicature practice's difficult problem, the school authorities liability insurance system's introduction should also quicken pace, thus urges the social overall wealth the enhancement.
Keywords/Search Tags:Fault liability principle, Strict liability principle, Fairness liability principle, Economic analysis
PDF Full Text Request
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