Research On The Legal Responsibility Of Personal Injury In Students' Campus

With the expansion of schools at all levels,the occurring of student campus personal injury events also shows the tendency of positive growth. After the incident of student personal injury events in campus, whether everyone involved in the incident should bear the legal responsibility or not, what kind of legal responsibility they should bear, according to what kind of principles to assume their legal responsibility and how to prevent this kind of incidents, a series of problems has become the points of getting proper settlement after the incident of students personal injury events in campus. Existing legal regulations in our country are serious scattered, lack of specificity and systemic, lack of feasibility in the process of implementation, resulting that there are a series of dispute in the area of education and legal science. When the student campus personal injury event occurs, it is difficult to assign the tortuous responsibility. Therefore, with the status quo at home and abroad as the background, this research start researching base on defining the basic concept of incident of student personal injury events in campus, then propose further expounding targeted to the problems related to the incident of student personal injury events in campus.This research adopts methods of literature analysis, contractive analysis at home and abroad, official rules analysis, case analysis. By analyzing a large number of literature retrieval and typical cases, the research focus on the topic of defining the basic concept related with incident of student personal injury events in campus, principles to assume the legal responsibility, who should bear the legal responsibility and the degree of their legal responsibility, how to prevent this kind of incidents. This research provides discussion and analysis about these topics from multiple perspectives. For the expression and definition of related basic concept, there is no unified official definition in our country, there are many kinds of expression in theory researching and practice. This research defines the student personal injury events in campus and the three elements of events as the basis of full text research. By comparing the imputation principle system both at home and abroad and the different theories at home, this research take a view that our tort imputation principle system should include the principle of fault liability, the principle of no-fault liability and fair liability principle, and design principles of imputation logic as a guide for the application of the principles of imputation. The subjects of legal responsibility should include minor students, guardian, he school and the third-party, the important and difficult topics are the responsibility ability, civil liability ability of minors, fault determination of guardians, relationship between school and students. At last but not least, this paper proposes to establish the campus liability compulsory insurance system, improve the legal system about student personal injury in campus to prevent bearing responsibility of the student personal injury events.