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The Research Of Tort Responsibility On School Bus Accidents

Posted on:2014-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:X X PeiFull Text:PDF
GTID:2256330398997048Subject:Law
Abstract/Summary:PDF Full Text Request
As the school bus accidents happen frequently, the question of school bus safety has aroused society’s widespread attention. Especially the legal responsibilities of school is a focus problem, the school bus accidents let us know deeply that in terms of perfect risk control mechanism of education, improve the system of tort liability and clear the school responsibilities are all very important. Whether schools should bear civil liability in school bus safety accident, or what kind of liability should schools bear and follow what principle? These problems directly related to the schools, teachers and the students’ legitimate rights and interests protection. In our current school aspects of infringing copyright theory, centralized the regulation of imputation principle in school. Through the discuss, the author want to build a legal China.In this article, the author plans to analyzes the school bus safety on the nature of the school right infringement responsibility, enshrined the principle, scope the compensation standard, and analysis the content of our country fort the school responsibility relief system,perfect the defects in the legislative and judicial aspects. More deep research on the tort liability system in school on some understandings and advices. In order to promote our country face the school bus safety accidents liability legislations and establishes with Chinese characteristics, in accordance with the situation of our country’s relief system.The first part analyzes the school bus accidents in which situation need to bear liability and what principle. Whether the principle of school is reasonable for the protection of students, etc., analyzed the school imputation principles of tort liability--fault liability. And find the solution to apply under any circumstances of the fault liability.The second part mainly analyzes the fault in the school bus accidents. Simply analyzes the lack of school bus safety guarantee obligation, the safety management duties, violation of school bus safety requirements and so on. And from these big aspects solve their small problems at schools if they have to bear the responsibility. Such as using unqualified school bus caused traffic accidents in school, the school has fault and shall bear the liability for fault and its corresponding.The third part analyzes the main meaning and the characteristics of main liability to pay compensation. With specific legislation and examples analysis under what conditions of the school shall bear the liability for compensation. First, determine the meaning of school bus accident, and through the analysis of some typical cases to clear the responsibility on school for the accidents range and imputation principle.The fourth part analyzes the meaning of supplementary compensation and the characters of the supplementary liability. With specific legislation and examples analysis under what conditions of the school shall bear the liability for compensation. Analysis some typical cases to clear the responsibility on school for the accidents range and imputation principle.
Keywords/Search Tags:school bus traffic accidents, fault, primary liability topay compensation, supplementary liability to pay compensation
PDF Full Text Request
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