A Research Of Colleges' Civil Liability In College Students' Injury And Death Accident

As a typical social risk,the college student's injury and death accident is based on the existence of a large number of colleges and college students.These accidents have special subjects,happen frequently,and have big social impacts.These accidents not only cause huge losses for the accidents' victims and their families,they also hamper the normal teaching and management orders of the colleges.Meanwhile,since students,families and schools are essential parts of societies,these undermining impacts have also spread into other social areas.Related studies of this issue will help to protect student victims' rights in the injury and death accidents,safeguard the normal teaching orders in the colleges,and reduce the detrimental impacts on societies.This article examines the existing problems in our civil liability system on college student's injury and fatal accident.It is a study of the college's civil liability from the perspectives of the occurrence,affirmation,and bearing in college student's injury and death accidents.This article firstly tries to define college student's injury and death accident,in order to explore the covering of this topic and distinguish them from other types of accidents.Based on legal theory,college student's injury and death accident is defined from the perspectives of the subject and object,the location,the essentials,and results.Thus,there will be a clearer determination of the subject and object,as well as a more convincing application of related law.Additionally,the specificity of college student's injury and death accident is discussed.Types of these accidents are summarized.With such related terms being clarified,the author has tries to limit the topic to its most related realms.The affirmation of college's liability in college student's injury and death accident is studied in this article.Before the affirmation,the specific act of the college should be determined.If the act Is deemed to be in breach of contract,it may create liability for breach of contract.If the act is tort,it may create liability of tort.Sometimes the two can be concurrence of responsibilities.Besides,if the victim and the college come to a settlement,there are possible liability of default of the agreed settlement.This kind of scenario is independent from the accident,but a reflection of the impacts of the procedure on entity.This article starts from the problems existing in the civil liability system of colleges in college student's injury and death accident,providing related mending advises.In the practices of handling the disputes of the discussed accident,there are some flaws in the system.From the perspective of substantive law,there is a lack ofregulations both on the principles of tort liability,and on the college's security obligations.From the perspective of procedure law,there are deficiencies in the building of the People's mediation mechanism and relief mechanisms.Accordingly,the measures should be establishing the principle of fault-presumption liability ? refining college's security obligations?setting the organization and procedure of the People's mediation mechanism and building up the college's liability insurance system and relief funding system.