Research On College Student Injury Incident

Nearly30million college students in our country, studying and growing up incolleges and universities, constitute a special group of Chinese society. Most collegestudents are adults with full civil capacity, but on the other side, they are generally not ableto live on their own, lack the ability of self-protection, besides, affected by traditionalculture and educational mode, they, lacking must-be right protection awareness, become areal disadvantageous group. Meanwhile, because college students study in college andhave certain anaclisis with college, there are lots of inconveniences when it comes to thereliefs of students’ lawful rights and interests such as giving evidence, claim, negotiationand etc. The abovementioned issues induce the solution towards personal injuries ofcollege students differ from common tort legal relationship, and this requires specificlegislation protection towards this special group. In practice, there is no unified view abouthow to define the relationship between college and student, and colleges are accustomed tobeing the role of manager and pay not enough attention to the protection of students’ rightsand interests; on the other side, students and their families could not treat rationally wheninjury incidents occur. Large number of injury incidents could not be settled friendlybetween both parties and brought some negative effects to social stability. Therefore,further improvement on relevant legislation towards college student injury has veryimportant meaning in law, also has vital social meaning. It is an important issue, pendingto handle, for managing colleges lawfully and building up harmonious campus regardinghow to protect lawful personal rights and interests of college students and make them growup healthily. The personal injuries of college students occurred time and again in recentyears, however, when it comes to the settlement of the injury disputes, lacking clear andspecific legal regulations, Law of Education, Law of Advance Education and otherrelevant legislations failed to regulate the civil rights and interests of college students indetail, the regulations are relatively simple and lack clear stipulation about settlement ofstudent injury incidents; In addition, Measures on Settlement of Student Incidentpromulgated by Ministry of Education has relatively low legal potency and there are disputes about how this Measure shall apply in practice, further, many problems exist interms of protection of students’ rights and interests in practice, also there are manydiscrepancies when it comes to the principles of attribution related to college students’injury incidents, contribution of injury liability, burden of proof and definition ofindemnity scope. Therefore, the author wishes, starting from analysis of legal relationshipbetween students and colleges, to conduct systematic research towards relevant legalissues about college student injury incidents, present solutions, state specific presentationforms of college student injury incidents, conduct attribution analysis and render reliefmethods and solutions, provide theoretical evidence, handing principles and practicalsolutions for sorting out legal relationships between students, their families, teachers andcolleges and building up harmonious campus.The thesis is divided into three parts, and the first part is to define the conception ofcollege student injury incident and describe incident character, aiming to pave the way forthe analysis and statement within this conception hereinafter; the second part is to analyzethe presentation forms and attribution of responsibility and discuss this issuecomprehensively from three aspects; the third part is to perfect the relief channel of collegestudent injury incidents, further stating the current downsides of settling these incidentsand improving paths from the levels of litigation, social insurance, educational arbitration.