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Violation Of Security Attention Obligation School Accident Tort Liability System Research

Posted on:2013-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:J DengFull Text:PDF
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Our society is in transition, a variety accidents of schools, educational institutions happen a lot and cause great damage in the personal safety interests of the minor students.In the process of asserting the rights between the schools and the students,the identification of the schools tort liability for violations of safety care obligations is filled with contradictions and the problems highlight. Since the Supreme Court issued judicial interpretation to regulate the problem preliminarily and the Tort Liability Act purposed in2010and maked a formal on this issue,the adjustment of the law on this issue is from abstract to concrete. Our comprehention and understanding to its legislative intention is getting deeper.This paper intends to analyze the nature of this tort liability and the system itself first then elaborate my own opinion.It is generally accepted that the tort liability arising from the breach of security care of obligations need to be considered a fault factors,and therefore is different from the no-fault liability which does not consider the subjective fault in tort law of the Civil law and the risk liability which is invented for high-risk industries by Germany civil law.The other hand,this tort liability is not a universal significant general-fault liability.It attributes by the presumpted-fault liability system and puts causlity to consider in the primacy in order to achieve the tort liability function-shift from punishing and educating to protecting and relieving the victim rights and interests.Furthermore,this tort liability adopts the presumption of fault attributable method, but can not be completely equivalent to the presumption of fault liability itself, in fact, it is a special kind of presumption of fault responsibility. Therefore, we believe that the most accurate description of this tort liability should be based on the common law strict liability.This article further deeply introduces the mature theory and advanced practical legislation of this tort liability by Germany,France,Britain,America and other behalf states in two legal systems.The effective and rational aspects of the land tenure system in USA can be drawed in aspects of determining righters and obligationers of this tort liability system in China’s Tort Law.On this basis,the paper discusses and anlyzes the main aspects of this system comprehensively and the type of this liability,the elements of it,focusing on the design reason of the system of indirect liability and rational functions.In the practice of school accidents,this paper concerned that the flawed guardianship auto-transferred theory and the commission guardianship theory should be abandoned and the type of school responsibility should be distinguished clearly,finding the relationship between direct liability and indirect liability.Vigorously promote the social insurance for school responsibility,proving it from the root of the problem.
Keywords/Search Tags:Security obligations of care, strict liability, indirect liability, schoolaccidents, responsibility socialization
PDF Full Text Request
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