The Research Of Campus Injury Accident Tort

In recent years the student personal violations happening frequently.The campus injury accidents have an upward tendency.Cause the extensive concern of social public opinions.In these events,the school was almost without exceptions on the dock,then the school should bear the responsibility or not,and what kind of responsibility.How much of a liability has become a crucial problem.China promulgated the “students' injury accident treatment method"on campus to infringement of the rules and instructions,infringement on campus is mainly refers to the fault or negligence of students in school education and management activities of the students personal violations and consequences of events.But from the perspective of the process of legislation about campus damage accident in our country,does not seem to have the complete laws and regulations to standardize.But reference to the general principles of the civil law,minors protection law,the violations liability act and the campus damage accident treatment measures for the department.The department has the provisions relating to the infringement on campus,but because too scattered and effectiveness hierarchy is not the same,the actual operation has certain difficulty.In order to make the school a better education,management responsibilities,protecting the legitimate rights and interests of students.This article will bring a comb in country current situation and a detailed discussion about the tort liability and draw lessons from foreign related system.It is to find the problems of our country,and advances some Suggestions on the perfection level trying to find a solution to the problems of the current strategy and methods,to be able to correctly handle the campus,balancing the interests between students and schools.This essay mainly consists of the following four parts:The first part is an overview of campus tort liability first embarks from the concept,characteristic,in detail elaborated the campus injury accidents,think that it is aimed at the kindergarten,public or private schools and other institutions of education management within the scope of the infringement of dedicate body and health,the right to life of the accident.On its features of analysis.conducive is easy for us accurate distinguish campus hurt accident and General of hurt infringement case,convenience for injured party accurate of using legal maintenance himself of lawful rights and interests of,through grasp campus hurt accident of features helps in judicial practice in the has targeted of collection campus hurt accident related evidence material,reduced both party for large collection evidence material and waste time and energy,to can fast processing for campus hurt accident raised of legal disputes.Coupled with analysis of the tort liability act of campus tort liability imputation principle.for the person who is having no capacity and the person who is limited capacity of civil conduct have different imputation principle,and under different forms of imputation principle,the burden of proof and responsibility for each are not identical,division of responsibility for a subject scope of campus damage accident disputes has the vital significance.Finally summarizes and sums up the types of campus tort liability,and analyzes the characteristics of each type and constitutive requirements.The second part is to analyze the problem of campus tort liability system in our country,the concrete content includes:campus tort liability legislation in our country is not perfect,the school scope of supplementary liability for damage caused by the third person not clear,the legal relationship between school and minor students is not clear,for the division of student conduct is too rigid,the existence of these problems to the campus injury accident certain inconvenience of tort liability,the protection of the legitimate rights and interests,and will directly affect the school campus injury accident legal dispute resolution.The third part through the study of the United States,Japan and Germany and other countries and learning,combing and analysis of foreign tort liability system of campus,summarizes the imputation principle and the constitutive requirements of all countries,From Japan's legislation,try to make the campus damage matching with law and regulations,set up campus tort liability law system,clear campus injury accident in the main body of tort liability,draw lessons from the practice of the United States and Germany,starting from the actual situation of school education,teaching activities,to determine the school to student's management responsibility,clear school whether the re's a fault in campus damage accident of tort liability.To improve the campus tort liability system in China to find theoretical basis and practical experience.The fourth part is aiming at the problems in the second part puts forward Suggestions of perfecting our country's campus tort liability system,improve the campus tort liability legislation,clear the third person added responsibility and the legal relationship between school and minor students,the scientific division of student behavior ability,set up relief fund for accidental injury and to set up the school liability insurance system and so on the many kinds of methods to properly handle succulents.Both contribute to solving the campus damage accident of tort liability disp utes,and to urge the school campus security mechanism,make the campus injury acci dent treatment,there are laws guided by accident rescue fund and the school liability insurance to provide guarantee for collective life security,maintain the public interests.To ensure the legitimate rights and interests of schools and students are guaranteed.