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A Duty Of Care Research In School

Posted on:2013-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:J YinFull Text:PDF
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In recent years, with the frequent occurrence of the student injury accidents, peoplepay more and more attention to the duty of care borne by schools.“Measures for theHandling of Student Injury Accidents” developed in2002,“Interpretation of someProblems Concerning the Applicable laws in Trial of Personal Injury Cases” developedby Supreme People’s Court in May1,2004, and “Tort Liability Law” developed in July1,2010, all of them make some provisions relevant to the duty of care borne by schools.However, there are still some problems about these provisions. So it is necessary tocontinue to explore.In addition to the introduction, this paper is mainly divided into zhree parts. Thefirst part is an overview of the duty of care borne by schools. In this part, with theclassic case review, we introduces the concepts of the school and its scope, the duty ofcare respectively in order to introduce the concept “the duty of care borne by school”.Combined with the article38,39,40of the Tort Liability Law, the duty of care borne byschool is divided into two categories according to the different reasons of student injury,and then make the concrete introduction. The second part focuses on the constitutionand the form of the liability of school which is due to the school’s weak performance ofits duty of care and the students’ personal rights hurt. The school’s liability is dividedinto two forms: direct liability and supplementary liability. And we specifically analyzethe problems existed in the provisions about supplementary liability in Tort LiabilityLaw. The third part is specifically analyzes our legislation status about the duty of careborne by school in china, and give some proposals to the shortcomings about them.
Keywords/Search Tags:school, the duty of care, judgment standard, liability
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