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Research School Infringement Supplement Responsibility

Posted on:2017-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2336330512457251Subject:Part-time Master of Laws
Abstract/Summary:PDF Full Text Request
The "tort liability law" for the first time in the form of legislation put forward the concept of supplementary liability,supplementary liability provisions in the school of law in the fortieth,when the students by the third party infringement losses,the school should bear the supplementary liability.Supplementary liability is a new form of liability,not only provides a new theoretical foundation for the form of civil liability system,also let the application of supplementary liability according to the law in the judicial practice,but also embodies the essence of legal justice.Therefore,"tort liability law" in the form of law to establish the legal status of supplementary liability,is the performance of China's legislative practice continues to progress,in the "tort liability law" after the introduction,the majority of scholars praise.But the legislation of supplementary liability in our country should be in the primary stage,the practical experience is insufficient,the new responsibility form of the supplementary responsibility,should give the scientific and reasonable cognition,take the objective angle view.At present,the campus third party infringement case occurred frequently,to fully protect the interests of the students,and strengthen their protection,the school should bear some responsibility,this paper studies the supplementary liability in infringement case of school students.At present,the basic theory of school supplementary liability is still very weak,the concept of the academic school of supplementary liability definition,nature and meaning has no uniform conclusion,in judicial practice,the school responsibility judgment is contradictions,so this paper uses comparative research,theory and practice,from the concept of the school the definition of the responsibility,judicial application of multiple aspects.The main content of this paper is divided into three parts:The first part is an overview of the supplementary liability of school tort.First summarizes the concept and characteristics of the scholars of the school of supplementary liability point of view,and on the basis of the school supplementaryliability definition,then analyzes the discrimination,supplementary liability and related concepts.Finally,based on the understanding of the elements of the supplementary liability of school supplementary liability has been discussed this.The second part is the analysis of the current situation of the judicial application of the supplementary liability of the school tort.Mainly from four aspects of the analysis and discussion,respectively,is the basis of the trial,the defendant's confirmation,the burden of proof distribution and fault identification standards.Finally,the "corresponding supplementary responsibility" controversial issues were analyzed.The third part is the school to assume the tort liability system.First,the relevant rules of the perfect,including the subjective elements,imputation principles,the fault of the standard,the two is the improvement of the litigation system,including the defendant's determination,the burden of proof distribution,the implementation of the responsibility.And in the practice of the need for a clear and controversial part of the detailed collation and analysis,and then also made clear that some of the views of the author.
Keywords/Search Tags:supplementary liability, supplementary liability of school tort, liability rule, judicial application
PDF Full Text Request
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