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Research On Civil Liability Of Underage Students On Campus Injury Schools

Posted on:2018-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:W F XiaoFull Text:PDF
GTID:2356330536465320Subject:legal
Abstract/Summary:PDF Full Text Request
We live in a complex society,due to the great pressure of life,those who bear the pressure of life people will feel particularly depressed,feel particularly depressed,distorted mind,and always want to take revenge on society,they chose to revenge the society always minor students,what is more often in direct selection the underage student gathering place for students in primary and middle school campus injury to the door to take revenge on society,but also extremely cruel means,condemned by the whole society,why not adult students often become the object is hurt,because the minor students injury accidents always aroused strong concern of the whole society,I Every day life in an unpredictable world,coupled with the particularity of minor students are more prone to accidents,once the occurrence of minor injuries after the accident,how to deal with the campus injury accident is worth thinking.Because of the minor students and adults compared to all aspects,there is a big difference,because of the particularity of minor students,the school,the society from all walks of life to give more care and care of the minor students.We know that in the premise of preventing minorstudents injury accidents occur,we should stand on both sides the standpoint the legitimate rights and interests of all parties.In judicial practice,we often see such a scene,the minor students choose Dutch act because of their own reasons for trouble,and serious damage to the parents to the school.Such things happen is for people who are not willing to see things,some parents no matter how schools bear Compensation,parents are not willing to accept,it is true that the damage for parents,a great deal,we are very understanding,but things have happened,we have to solve the problemTherefore,we want to successfully solve the underage student injury accident,in Chinese under specific conditions,is indeed a very difficult thing,also has been the biggest obstacle of education smooth development of primary and secondary school problems.The key point is to solve the campus injury accident is the problem of civil compensation of school,of course,first of all to solve the bear and division of responsibility of the parties,the foundation of the school responsibility to solve the problem of civil compensation of the school,the school has become the source of funds for compensation to guarantee.This paper is divided into four chapters,the main contents are as follows:The first chapter is the analysis of typical cases,through three cases of minor students injury accidents in the judicial practice to the trial of such cases,summarize and analyze the controversy involved in the case of such campus tort law,so as to put forward questions.The second chapter is based on the typical case of the focus of controversy in the theoretical analysis.Through case analysis we summed up the definition,five focus of controversy is the campus injury accident type,school and minor legal relationship between students and school tort imputation principle and the elements.The third chapter is the analysis of juvenile students in campus injury accidents is difficult to reconcile the contradictions,hindering the development of school education.School of civil liability in the legislation is not clear,the school should not bear the responsibility to the school overwhelmed problems conducted in-depth analysis,so as to seek a fair just way to take to solve the school civil liability.The fourth chapter is about the school civil liability problems are perfect.Separately from the legislation of our country,put forward suggestions on the establishment of a social mechanism for the sharing,hope for our country to havea clearer basis in dealing with such incidents.
Keywords/Search Tags:minor students, campus injury, imputation principle, civil liability
PDF Full Text Request
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