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Study On Compensation Liability Of Student Injury Incidents

Posted on:2014-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2256330401487867Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years, injury accidents occur frequently to students. Students’ personalsafety gradually become the most important focus of the community, when it is alreadya concern of the west countries; constantly improve the structure under the rule of andincreasing public respect for life and human rights. Then, countries have introduced alarge number of legal documents to define the corresponding legal responsibilities of therelevant parties to the legal relationship between the students and their guardians andschool, clear student injury accidents the imputation principle and relief mechanisms, inorder to promote the prevention of student injury accident and treatment, protection oflegitimate personal mechanisms, in order to promote the prevention of student injuryaccident and treatment, protection of legitimate personal rights of students. In China, nocomplete sound legal norms injury or relevant laws and regulations fragmented chaostheory of distribution of students’ injure in the various legal departments structuredlegal documents. The civil liability students hurt the accident most core issues,"TortLiability Act" strip of three law students hurt the principle of attribution of the accidentclearly defined, but worth exploring how the judicial practice. Some students’ injuryaccident injured is subjected to and can not get treatment themselves and their parentshas been a problem, and improve our school liability insurance to effectively safeguardthe legitimate rights and interests of the injured subject. This essay will analyse damagecompensation system for students’ injury accidents from the perspective of "TortLiability Act" and suggestions for the construction of school liability insurance, whichis divided into four parts.The first part is recognition of our students’ accidents. There is no specificlegislation for injury accidents of our students, which makes the identification fuzzier.The writer will propose his own point of view of the controversy of student’s injuryaccidents and the legal relationship between the school and the students. The secondpart discusses the principle of attribution of students’ injury accident. This section firstexpounded the principle of attribution of ordinary tort cases, and then introduces theforeign students’ injury accidents principle. Finally, elaborate the reason andresponsibility of student’s injury accidents based on the "Tort Liability Act". The thirdpart, states the legal relationship among school, students and the third person indifferentordinary tort cases. This was based in part on "Tort Liability Act" Student Injuryaccident schools, students, and the third person rules and principles were elaborated Thefourth part, analyse damage compensation system for students’’ injury accidents. Lastbut not least, come up with a viable option of the construction of school liability.
Keywords/Search Tags:Hurt Accidents on students in school, the principle of attributionliability, Compensation
PDF Full Text Request
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