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A Research Of School Civil Liability When Minor Student Suffered Personal Injury At School

Posted on:2012-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhuFull Text:PDF
GTID:2216330362457623Subject:Law
Abstract/Summary:PDF Full Text Request
Between the school and student legal relationship is education, management, protection,so school have some duty like take care of student,ensuring safety of their lives and rescue the student when they under a dangerous situation .If school broke these obligations one must undertake legal civil liability. In minor injury accidents mainly apply fault principle while must strict apply non-fault principle and fault liability presumption ,little applying fair liability principle .How to judging school's fault in injury accident is very important in juridical affair .we must use a normal human rational standard ,objective compatible with subjective standard judging school's fault .Only proof can determination the legal fact ,so plaintiff put some proof to tribunal for support the claims is urgent. In this thesis ,list the item of plaintiff's claim and relevant careful problem ,generalize some formula and disposal procedure about school infringement compensation .If the school had performed some legal duty ,still couldn't avoid accident ,or never foresee the accident possibility ,or the accidents due to victims and other people ,the school shouldn't undertake the liability .In thesis ,have a particular analysis about defenses and exemptions .we must perfect our regulation ,from the resource prevent the injure accidents .Also perfect security insurance and fund ,play its role as a shock absorber...
Keywords/Search Tags:student injury, determination liability principle, legal affairs, judging fault, defenses, prevent
PDF Full Text Request
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