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College Students Personal Injury Accidents In The University Legal Responsibility

Posted on:2016-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z H YuFull Text:PDF
GTID:2296330479488726Subject:Law
Abstract/Summary:PDF Full Text Request
College students’ injury accident is refers to the organization of education in colleges and universities in the process of teaching activities, extracurricular activities and management service, in the area of the university management responsibility, causing damage to life and health of the students.In recent years, the national university students’ personal injury accidents increases significantly. This kind of accident, not only for students and parents to cause physical and mental pain, also brings to the university and family heavy economic burden and social burden. Colleges and universities whether bear legal responsibility in student injury accident, what kind of legal responsibility? In the face of these problems, colleges and universities, there are different understanding and awareness of the students and academics. In the existing laws, regulations, the provisions of this is more general, and not to "college students" apart from the rest of the students.The author in student management work in colleges and universities involved in students’ injury accident handling, this feeling is quite deep. The author thinks that how to clarify the legal relations between the university and student, clear school’s legal liability in university students’ personal injury accidents, constitutive requirements and the responsibility imputation principle, from a legal perspective broadening the channels for the school socialization of legal liability share is very necessary.In this paper, in line with the follow existing legislative spirit, to university students’ personal injury accidents in school legal liability as the research object, the full use of semantic analysis, comparative analysis, literature retrieval method, summarizes the research methods such as induction. In this paper, the first part of the legal relation between university and student is defined as a relationship of both higher education law, administrative law and civil legal relations of the legal relations of the complex multiple, school’s legal liability has been clear about the theoretical basis, the necessary safeguards obligations. The second part of college students’ injury accident can be divided into the university students with fault and university officials no-fault personal injury of two types, analyzes the legal responsibility about university students’ injury accident existing problems and the reasons. Components of the third part clarifies the legal responsibility of colleges and universities, put forward to construct fault liability as the general principles of imputation, the law has clear provisions of the law of no-fault liability for added responsibility imputation principles, and define the colleges and universities from the Angle of legal responsibility in student injury accident types: part of all legal responsibility and legal liability, legal liability and exempt from legal responsibility, further defined the school bear legal responsibility. The fourth part puts forward to perfect the relevant legislation adjustment of university students’ personal injury accidents, improve the system of the university the school liability insurance, and to establish the university legal liability reserve fund system between university and the university legal liability system legal thinking and Suggestions, such as mutual funds.
Keywords/Search Tags:University, Student injury accident, Universitylegalliability
PDF Full Text Request
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