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Identification Of Tort Liability Of College Student Injury Accidents

Posted on:2018-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:B S LiuFull Text:PDF
GTID:2346330566450307Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,due to the expansion of the University,the number of college students gradually increase,because the University School is open,so all kinds of students injury accidents occur frequently,resulting in the confirmation of responsibility is gradually increasing.When after the injury accidents of students,some universities blindly Maintenance School interests makes the problem become rigid,some university students injury accidents as soon as possible in order to solve in order to reduce the adverse impact on the school,unconditionally accept some unreasonable requirements.These practices are contrary to the requirements of the rule of law society,but also to solve the similar events will have a negative impact.The content of College Students' injury accidents in China's current legal norms is very few,and the legal basis of the treatment of injury accidents is missing.In order to solve the problem of the responsibility of the college students' injury accidents,better protect the rights and interests of the students,and balance the interests between the students and the University,the author takes this as the research subject.In this paper,aiming at the problem of the tort liability in students' injury accidents are analyzed,mainly includes four parts: the first part is an overview of the college students' injury accidents,as well as the domestic and foreign related legislation present situation of College Students' injury accidents;the second part mainly analyzes the legal relationship between students and colleges and universities to assume security obligations to support the theory;third part of the civil tort principle of imputation in the college students' injury by accident handling,including the elements of College Students' injury accidents tort liability and analyzes the tort liability of several typical college students injury accidents how to identify,and expounds the shortcomings of current liability accidents of college students in our country in the legislation existing the fourth part;by referring to the relevant foreign legislative experience,proposed in the university students' injury The improvement of the legislation in the accident,including: the development of the "campus security law",improve the specific responsibility identification system,the establishment of a reasonable allocation of burden of proof and the provisions of the security obligations of colleges and universities.
Keywords/Search Tags:College, Student Injury Accident, Tort Liability
PDF Full Text Request
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