The Research On The University Students’Injury Accident Tortious Liability

In recent years, university students’injury accidents happen frequently with the expansion of the education scale. That means more and more varied disputes on legal liability concerns are caused. When the accidents happened, numbers of universities and colleges usually safeguard the interests of school blindly and make difficulties of solution, or sacrifice legitimate interest of school and bear all responsibility to settle the disputes. Neither of the approaches is reasonable for the basic requirements of a Legal Society. And that will go against how universities and colleges solve similar problems in the future.There are no relevant laws on handling university students’ injury accidents in China at present. Only general stipulations can be found in "The General Civil Law" and "Tort Liability Law"."Trot Liability Law" was promulgated on July1st in2010. The identification of school injury accident liability is targeted only for the person with limited capacity for civil conduct or non-capacity for civil conduct without any provisions about universities, so the subject in university students’ injury accidents only can be judged as general trot liability subject. Now the sole regulation for universities to refer to is the "Solutions to Students Injuring Accidents" which was promulgated by Education Department in September,2002. However, it is a regulation with a weak potency. It is less referred to when the court hears the cases about university students’ injury accidents. In addition, most of the stipulations in this regulation are targeted at primary and secondary school students’ injury accidents.This paper mainly research on the tort liability of university students’ injury accidents. This thesis will be expounded in four parts. The first part is the outline of the tort liability of university students’injury accidents. It will make a sketch of students’ injury accidents and analyze the theoretical basis of tort liability bore by universities on the dual legal relationship between students and universities. The second part illustrates the applications of the civil tort principle of imputation. The third part states the identification and compensation of tort liability in university students’injury accidents, for example, constitutive requirements of university students’ injury accidents tort liability and responsibility identification of common accidents. It also discusses compensation issues on compensation rule and compensation scope. The last part makes proposal drawing on the experience of lawmaking experience overseas to improve legislation and law system of university students’ injury accidents tort liability in China.