On The Tort Liability Of The China University In The Campus Students’ Injury Accidents

College students are the main force of social innovation and development. However, our colleges and universities generally pay attention to professional quality education and neglect the education of safety and prevention. In recent years, campus student injury accidents occur frequently in colleges and universities, which has been paid more and more attention by people.But all along, China’s legislative and judicial circles have focused on the campus security of the minor students, to a large extent, ignored the campus security concerns of college students. Due to the lack of a clear legal basis, campus safety and security obligations is unclear, the decision of the court of a wide range, the interests of the studentsin colleges and universitiescannot be guaranteed, the liability of colleges and universities bear "muddleheaded".In this article, through the integrated use of literal interpretation, teleological interpretation and other research methods, and combined with the legal provisions and practice, reasonable boundary set several core concepts which related to the campus students injury accidents. What is more, this article points out the theoretical basis of college security obligations and the legal identification of accidents.At the same time, drawing lessons from Japan, the United States, Germany and other developed countries’ experience, this article puts forward some suggestions on the tort liability of the China University in the campus students’ injury accidents.The article is divided into six parts. Exceptthe introduction and the conclusion, there are four chapters in all.The first chapter is an overview of campus student injury accidents in colleges and universities. Firstly,this part defines the core concepts of the Colleges and Universities, College Students, Campus Students’ Injury Accident, at the same time, further clarify the characteristics and connotation of the campus students’injury accident in the colleges and universities.Secondly,by analyzing the different theories of the legal relationship between university and students, the legal relationship between college students and college students in campus injury accidents is determined as the civil legal relationship.Finally, by combing the domestic and international legislation on the injury accidents of students in colleges and universitiesit points out the deficiency of the legislation in our country, and summarizes the mature experience of foreign countries.The second chapter is the focus and core of this article. This part discusses the basis of tort liability, that is, college security obligations.This part starts with the meaning of the campus security obligations of the university, and points out the deficiency of the college security obligations in the legislation and practice in our country.Then, from the perspective of human rights theory and risk controltheory, it points out the foundation of the existence of the universities’ security obligations.From the rational economic theory, social responsibility theory and the risk control theory, it points out the foundation of the universities’ security obligations. From the legal provisions theory and a certain relationship theory, itpoints out the assume foundation of the universities’ security obligations.The third chapter analyzes and discusses the imputation principles and elements of tort liability. First of all, according to the basic principles of lifting weights to light, light to bright", it is clear thatthe principle of fault liability on the tort liability of the colleges and universities.Secondly, by combing with the constitutive elements of general tort liability, it analyzes the particularity of the constitution of tort liability in colleges and universities.The fourth chapter puts forward some suggestions for improvement on the tort liability of the China University in the campus students’ injury accidents. The proposal is divided into three steps:for the first step, we need to clear the basic principles of compensation in colleges and universities, and the compensation of the university should follow the four basic principles of legality, objectivity, impartiality, reasonable and timely, and so on. For the second step, we need to build the legal system of campus securityin colleges and universities, and make clear theuniversities’security obligations, and establish a complete top-down legal system, up to the state laws and regulations, down to the rules and regulations of the university. For the third step, actively explore the establishment of a diversified payment relief mechanism, for example,strengthen the insurance mechanism, state compensation, social sharing, and so on.