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Research Of Campus Harm Accident Civil Law Problems

Posted on:2013-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:J J PanFull Text:PDF
GTID:2246330362470290Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, the campus harm accident has made frequent campus securityand related legal system construction problems become the focus of attention of thewhole society. And look at current legislation, judicial status and related institutionalarrangements, there are many not perfect and need to be improved urgently place.This paper tries to campus injury accidents related legal question discussion pointsand clarify the legal relation of the campus harm accident and theoretical elements,determine the principle of law to blame, analysis of the judicial practice questionsand problems, and to construct campus safety legislation put forward relevantSuggestions and system of the legislation system, in order to perfect the legal systemof campus, protect students’ legal rights beneficial.This paper, besides the introduction and conclusion, the text is divided into fiveparts.The first part is to the campus of injuries legal definition and theoreticalanalysis. Mainly discusses and analyzes the campus of injuries concept and theoryelements, the legal characteristics of campus harm accident harm accident andcampus the types of problems.The second part focuses on analyzing the school campus harm accident and theproblem of the relationship between the students. In view of academia relatedanalysis based on the judge, the author thinks that the relationship between the twoshall be recognized as education management relations, so can reflect the currentsituation of the relationship between both parties, and can give consideration to thestudents and school the legitimate interests of both sides.The third part is the core of campus harm accident liability principles and thepaper discusses the problems. Through the analysis of the foreign related theory, theauthor thinks that the fault liability principle as the leading to, give attention to twoor morethings fault-presuming principle and strict liability principle, is clear campusimputation principle correct ideas.The fourth part is to campus harm accident judicial practice common problemsand difficulties of analysis. This paper points out that the intention, due to the lack oflaw and judicial level and other reasons, the campus in practical processing accidentof confronting many problems and also need to be improved urgently place.The fifth part is to effectively solve the campus of injuries legislative measuresand advices. The author puts forward that we should make special campus safetythrough and perfect relevant accident treatment mechanism way, and constantlyimprove the campus legal system, reduce the damage to the school campus accidentand social effects.
Keywords/Search Tags:Campus harm accident, Legal relationship, Imputation, Countermeasures
PDF Full Text Request
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