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Thoughts On Perfecting The System Of Civil Liability Of Security Obligations In Schools

Posted on:2017-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y L YangFull Text:PDF
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The campus is the home of the children to learn and grow up happily. It is the important base for the country to carry out the policy of carrying out the education policy and training the generation after generation for the youth and the successors of socialism. Therefore, the campus security is not only the attention of students and parents, the focus of concern, but also the whole country and even the whole country to achieve Scientific Outlook on Development's important carrier. Unfortunately, in recent years, the campus safety accidents, a dispute, a scene visible before the eyes of tragedy. Fighting, school bus accident, food poisoning, corridor stampede......An accident every one after another, people with deep hatred and resentment are pieces of devouring "flowers of the motherland". Campus security situation is more serious, the campus safety problem has become a major problem affecting the social stability and the long-term goal of education, the obligation of security issues can not be ignored in school. How to reduce the occurrence of tragedy, how to assume responsibility for the safety and security of the school, after the campus injury accident, the school is responsible for the responsibility and the proportion of the problem is imminent. The resulting compensation disputes, has seriously affected the normal school education and teaching activities. The key of campus students'injury accidents is to properly resolve disputes and conflicts, reduce the loss of the injured; the core is how to divide the school and students killed third people or the infringement responsibility; the difficulty lies in whether schools need to bear civil liability; focus on Application of the imputation principle of school civil liability for the. How to apply the principle of attribution to determine whether the school undertakes the responsibility, and in accordance with the law and properly solve the student campus accident, clear from the aspects of prevention, treatment, compensation, guarantee full range of judicial practice, to reduce accidents, reduce the accidents of students on campus students, schools, parents and the adverse effect caused by the society, promote the China's education environment and the healthy and orderly development, has important legal significance and social significance. China has been part of the laws and regulations make provision for the students on campus injury accidents, but with the continuous development and progress of social contradictions, diversified characteristics, the relevant legislation is not timely supplement and adjustment, to cope with the disputes caused by reality, not the same co contracting the situation there. In this thesis, the author tries to compare the relevant provisions of the law, the legal norm of our country are analyzed, and put forward opinions and suggestions for the judicial problems in reality, in order to have the law more perfect in school security obligations. In this paper, a total of five parts around the improvement of the school security obligations are discussed:The first part explains the concept, from school students and the connotation and the civil legal relationship, schools should assume security obligations at the time and place, the scope of content, determined by comparison. I think the Department of education, management and protection of the relationship between schools and students. campus accidents including intention and negligence.Is judged the imputation principle of the second part to bear the civil liability for the Chinese and foreign outstanding school security obligations, including the principle of fault liability, the principle of presumption of fault liability, no fault liability and fair liability principle.The third part analyzes the legal provisions of our country shall bear civil liability for the school did not do the security obligations, the school accident happened for four class classification, reasons shall bear civil liability for the next part of the school were summarized.The fourth division is first applied to our school not security obligations of imputation principle on detail, from the "tort liability law" article thirty-eighth to Article fortieth of the presumption in China apply the principle of fault liability and fault liability principle, take the principle of no fault liability in special tort accident, occasionally take the fair responsibility principle. Secondly, although some accidents occur time, location, the main body of the subject are in line with the subject and objective requirements of the school injury accident, but there are still part of the situation can be exempted or reduce the responsibility of the school, that is, the exemption reasons.The fifth part combined with the current laws of our country, found that single or simple provisions are not enough to solve the practical problems of campus injury accidents, the author suggests to perfect the legislation, establish "Campus Security Act", from the accident types, imputation principles and application aspects of a detailed definition, and the compulsory purchase of the school insurance, the establishment of special compensation. To ensure that the school accident occurred after the timely compensation.
Keywords/Search Tags:School security responsibility, Principle of responsibility, The determination of the civil liability, The perfection of the legislation
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