The Research Of Chinese University Liability To Pay Compensation For The Injury Accident Of Students

With continuous enrollment the number of students in Chinese universities is rising in recent years. The campus accidents also occur frequent due to media exposure. All the student casualties in University cause the increasing legal disputes, and become hot issues of common concern. The victim of students in the University injuries occurred consider the issue of compensation for the injury, regardless of whether universities should be liable for the compensation, will dock into the school, requiring schools to bear the liability. But in practice the handling of such cases, regardless of whether the fault of the school subjectively, university must bear some legal responsibility. University or College should be liable for Student injury compensation? Under what circumstances University or College should be responsible? Under what circumstances University or College should not bear the responsibility? What is the principle of attribution? What to bear the responsibility? How much responsibility they should bear? How to share? Such a series of problems become the legal problems of University to solve.By studying the meaning, characteristics and nature of the damage accident on College students, studying the foundation and the current laws and the regulations of University responsibility to determine issues such as the difficulties faced, clearing the nature of the legal relationship between college students and the injury students. Then, according to the different types of college student injury and responsibility principles, I change the angle of thinking. The author tries to put forward her views. Finally, in the university's school injury liability provisions of relevant laws on the theory of relevant laws and regulations, including the level of the existing regulations the force of law, sharing the burden of proof, the spirit of damages provision, schools and students distinguish between responsibility for security, some regulations and civil law and so on. Reaching the purposes of University to manage school by the law, and achieve a harmonious campus, safe university.The innovation of this paper is:first, the research data is new, the survey object is enough, and the statistics is accurate, analysis. Second, the angle of research is new. Currently, what to bear the liability of injury between the university and students is a controversy, and relevant works is still on scarce. Through a series of questions about this study, clearing the injury legal liability of the college students, then further explore the legal issues. At last, the study is new, including the nature of the legal relationship between the university and students, what is the hurt of college students in the accident, in the end what is the rights and obligations, in which circumstances colleges and universities should take responsibility, under what circumstances colleges and universities is not responsible, What kind of responsibility principle should be utilized, and how to determine the responsibility of universities is mainly based on the nature of the legal relationship? Basing on the analysis and the legal relationship between the two sides, corresponding to the two sides for the responsibility principle, the burden of proof is allocated to maximize the fairness principle. Meanwhile, the research gives some ideas to perfect the university liability to pay compensation for the injury accide of students.