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Research On University Legal Obligations Of Students’ Suicide Behavior

Posted on:2013-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:H XiaoFull Text:PDF
GTID:2246330392956381Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Suicidal incidents among college students are the consequences of accumulation ofvarious complex factors such as social causes and personal contradictions. In recent years,suicides committed by college students have been increasing, and the universities andstudents are at the cusp. If not handled carefully, they may lead to the intensification of thedeeper social contradictions and even unrest. Though certain requirements are made inrelated provisions, judicial interpretations and departmental rules and regulations such as"Civil Law","Tort Liability Act,""Explanation on the Compensation of PersonalDamagesμ, and "Students Casualties Approach", they are relatively brief, and evencontradict each other, resulting in lack of appropriate legal mechanisms for colleges anduniversities in the processing of related events.In recent years, some colleges and universities have an improper understanding onthe legal relationship between the school and students, as well as the responsibility of theschool in student suicides. As a result, colleges and universities bear too heavy liability instudent suicides, educational resources are wasted, and the normal development of theuniversity is seriously affected. To handle correctly the suicides and protect fully thelegitimate rights and interests of schools and students, if systematic analysis and researchon the legal responsibility of the student suicides from the legal relationship, responsibilityprinciple, and elements of responsibility between colleges and universities and studentsare conducted, and the advanced experiences of relevant foreign legislation are learned, acomplete prevention system and dispute resolution mechanism will be built, so as to betterprotect the legitimate rights and interests of both schools and students, as well as maintainsocial stability.This paper consists of four parts: the first part is a comprehensive exposition of theproblem of suicides in college students, including the analysis of the situation of currentcollege students committing suicide, serious arising social problems, and the causes ofcollege student suicides. The second part completes an overview of the university liabilityfrom two aspects: the nature of the legal liability of colleges and the basis on whichcolleges and universities bear the liability-security obligations. The third part demonstrates the college liability in college students· suicides mainly from theresponsibility principle, the concurrence of liability and the elements of imputationconstitutes. In the fourth part, targeted proposals and policies from all aspects especiallythe idea of social sharing of university liability are put forward, after starting from ourlegislation and paying defects and learning from the advanced experience of Japan, Franceand other countries.
Keywords/Search Tags:University, College students, Suicide, Legal responsibility
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