A Study On The Civil Liability Of Sexual Abuses Of Minors On Campus

At present,sexual abuses of minors on campus become serious and shocking.Whereas,due to the difficulties in accountability,the victims get very little civil compensation and limited relief.Fundamentally,it is caused by many irrational and contradictory legal regulations and the confusion of judicial practice on the sexual abuse of minors on campus.Consequently,it is difficult to prosecute the cases,and also difficult to identify and investigate the legal liabilities.This thesis attempts to solve the above-mentioned problems through the thorough and comprehensive study on the civil liability of sexual abuses of minors on campus.The thesis consists of four chapters.Chapter 1 primarily adopts empirical analysis to discuss the difficulties in the identification of the civil liability of sexual abuses of minors on campus,including the difficulty in producing evidence of sexual abuse behaviors,the difficulty in identifying damages of the sexual abuses,the difficulty in identifying schools' fault and its degree,the divergences in schools' responsibility for compensation for mental damages,the difficulty in dividing the relationship among the responsibilities of responsible subjects.Chapter2 mainly discusses the causes of the difficulty in accountability: the contradiction of the imputation principle which results in the unreasonable distribution of the burden of proof,the seriously controversial definition of the nature of the civil liability of schools which leads to the confused division of the relationship of legal liabilities in practice,the unclear definition of legal connotation and form of the sexual abuses which makes it difficult to judge the nature and damage of the sexual abuses.Chapter3 mainly discusses the identification of the sexual abuses.Firstly,it analyzes and points out the irrationality of the distribution of the burden of proof,and concludes that the burden of proof should be reversed.Secondly,it discusses the legal connotation and forms of the sexual abuses,and accordingly,proposes the method of determining the sexual abuse damage.Thirdly,it discusses thoroughly the effectiveness of the sexual commitment of minors,and concludes that the sexual commitment of the minors cannot prevent crime suspects from elimination of punishment.Chapter4 focuses on the division of the relationships among responsibilities of related responsible subjects.Firstly,it discusses the nature of schools' civil liability.Secondly,it explores how to judge whether schools and guardians sufficiently do its duty of care on the sexual safety of minor students.Thirdly,it explains the division of the relationships among responsibilities of responsible subjects.Finally,it discusses the compensation for spiritual damage in sexual abuses of minors on campus.