Research On The Civil Liability Of Injuries On Campus

With the development of our education and awareness of the security, the campus injury accidents has become a hot issue of concern to all sectors of society. But the campus accident treatment lies in the fact how to determine the school responsibility and the degree of fault, how to establish the civil liability for tort accident principle. However, due to the lag of campus injury accidents in China in terms of legislation, theoretical circles and judicial practice in the school shall bear civil liability has been controversial. Therefore, strengthening the research on campus accidents and the civil liability, perfect our campus accident liability legal system, to protect the rights and promote students plays an important role in the development of education in our country.This article has conducted the research to the campus injury accidents from the campus injury accidents of the definition, principle of imputation, responsibility identification and related legislation in four aspects.The first part of the combination of domestic and foreign scholars representative point of view, from the concept of the connotation and extension of the definition of the injury accidents of students. First of all, points out the campus accident scope, not only limited to the space on the campus, but also includes the relevant teaching and school management activities places. Secondly, according to the different standards of Feature Generalization of campus accidents. Finally, according to different standards of campus injury accidents are classified.The second part is the imputation principles of campus injury accidents. Through three representative views the imputation principles of comparative analysis of the continental law system and Anglo-American law system about campus injury accident in school, the different principles of legislation and theory and domestic theoretical circles on the school’s responsibility. Research on the application of the applicable conditions of fault liability and responsibility principle.The third part analyses the establishment of campus injury accident of school. First discuss the legal basis of the school responsibility, through several have representative point of view, nature of the legal relationship between the school and students. Then discussed the marginal problems should bear the responsibility of campus injury accidents in school, this paper combines the academic standards of multiple points of view, the school pay attention to ability should as far as possible to the general duty of care. Then unifies our country "tort liability law", analyzes several theory circles on the fault ascertainment standard.The fourth part is the research on perfecting the legislation of the campus injury accidents. Through the analysis of the current lack of relevant legislation, legislative experience of other countries and regions, in order to strengthen innovation campus accidents in our country legislation, this paper puts forward some ideas about the future development of "Civil Code", and puts forward some suggestions to perfect the legislation system of campus accidents. Through the "tort liability law" fortieth article "supplementary liability" theory, clear the applicable limit. The foreign "predictable" theory combined with China’s "tort liability act", the "supplementary liability.". By drawing on foreign campus accident responsibility of risk transfer mechanism, the school’s social liability. Finally, campus accident bear puts forward on theory and accident management innovation mechanism.