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The Minor School Civil Responsibility In Students’ Injury Accidents Study

Posted on:2014-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:W Z LiFull Text:PDF
GTID:2296330422489960Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the social development, the accumulation of social contradiction anddiversity and so on a variety of reasons, led to minor student injury accidents inschool gradually increased. At the same time, the only child has become themainstream of society, parents or guardians pay more attention to the children, to theschool for higher. Whether the accident occurred in school students should bear, inproportion to the size and the amount of compensation responsibility becomes the keyto deal with this kind of accident. Although the "tort liability law" after theintroduction, to the minor students injury accident in school should bear theresponsibility for the rules, but the habit of the families of the victims and thegovernment to take drastic actions, the so-called "justice of serving the overallsituation","stability" in judicial practice of the school liability, accident responsibilityidentification and compensation proportional division has large arbitrariness andinjustice. Overview of civil liability in this never adult school student injury accidentsin hand, combined with the status of juvenile and commitment to the school civilliability in students injury accidents, through comprehensive analysis of minorstudents injury in school civil liability imputation and actual case. The current schoolbear civil liability problems, finally combining the existing problem solutions.This paper first proposed for hazard classification of minor students injuryaccidents, and then combined with the danger of accidents according to the divisionof civil liability in traffic accidents, in order to determine the minor students injuryaccidents in school should bear the responsibility. In view of the reality of schoolafraid of responsibility, put forward their views and suggestions to the predicament ofthe development of students, accountability, let the school dare, dare, students can do,can develop.Of course, referring to the identification of civil liability in traffic accidents todetermine the school should bear the responsibility of the size and the amount ofcompensation ratio in theory and practice, and even the law has some defects. Anddomestic and foreign reference to traffic accident on relatively few of the school responsibility. This paper has put forward the idea to a range of angles, clear andbetter in school accident responsibility, to properly solve the minor students injuryaccidents in compensation and other related disputes. At the same time, the judicialpractice more uniform and clear, not according to the families of the victims of the"trouble" and "stability" considerations to determine the school should bear theresponsibility and the amount of compensation ratio. So we may have moreconducive to our teaching activities, students healthy growth.
Keywords/Search Tags:Students injury accident, Imputation principle, Risk factors, Thetraffic accident
PDF Full Text Request
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