On The College Students' Injury Accidents In The School's Civil Liability

In recent years, along with the increasingly enlargement of the scale of higher education, the college students' injury accidents showing a growth trend, the college student management work is facing enormous pressure and severe challenges, campus safety issues have become the focus of society, schools and parents.The college students' injury accidents refers to the institutions of higher learning to implement education or school extracurricular activity, as well as in the school have managerial responsibility schoolhouse, site, other education facilities, living facilities within the college students personal injury, caused by the consequences of the accident. The author from 2005 law undergraduate course graduation has been engaged in the ideological and political work, experienced numerous student injury accident and treatment process, and the feeling is quite deep. At present, the college students' injury accidents occur frequently, not only bringing great harm and suffering to students and their families, but also directly affecting the normal teaching and management of school, causing unnecessary economic losses and negative influence brought reputation. Actively carry out the college students' injury accidents in the school 's civil legal liability research, further to the college students' injury accidents treatment of legislation, is the objective requirements of the maintenance of a transition of university reform, development and stability; is the practical requirements to ensure the healthy growth of college students and the legitimate rights and interests ;and is the essential requirement of higher law school; is also constructing harmonious campus, harmonious society, comply with the requirement of the development of the times.In the injury accidents of students in theoretical research, academic circles mainly focus on primary and secondary school students' injury accidents to deal with the problem, but often neglected for the college students' injury accidents the theoretical study. From the existing literature, the college students' injury accidents in school civil legal liability research lacked of integrated study, also did not form an organic unity and cohesion system, theory and practice of combining the strategy research is rare, difficult ly to solve practical problems. From student injury accident law on settling the injury accidents of students, especially college students injury accident treatment regulations quantity are few and the effectiveness of administrative levels on the low side, our country does not have a special law on college student injury accident and its legal responsibility. The Ministry of education in September 1, 2002 promulgated the" student injury accident treatment measures for student injury accident" although have certain provisions, but it belongs to the departmental rules, and China's" general principles of civil law" and other national laws, low level of legislation, which requires a high degree of legislation.In view of this, this article through to the university student injure accident types, characteristics, the civil legal responsibility of specific problems in areas such as analysis, proposed in student injury accidents the legal relationship between universities and students with administrative legal relationship and the civil legal relationship of double attribute; the civil liability of the nature is tort liability; liability for fault liability principle, under special circumstances, apply the principle of liability without fault; according to the fault with and without, big and small to determine the university student injure accident shall bear civil liability. At the same time,on several typical college students injury accidents in school civil liability cognizance, finally puts forward improvement of College Students' injury accidents in school civil legal liability risk sharing mechanism, namely the establishment of College Students' accident insurance and liability insurance, to the college students' injury accidents caused by the risk, lawful, fair treatment of College Students' injury accidents, to construct harmonious campus, harmonious society.