A Study Of Tort Liability By The University Authorities In The Case Of College Students’ Injury Accidents

College students are the backbone of the country and the hope of the nation.With the increase of the number of college students,the number of college students injury accidents is also more and more.The accident of college students’ injury has aroused wide concern in the society,and it has become the direction of all parties’ efforts to seek the balance of the legitimate rights and interests of college students.The injury accident of college students is more special,what kind of legal relationship exists between college students and college students,and what principle of attribution should be adopted for college students to bear tort liability,and no consensus has been reached.Similar college student injury accidents have occurred in judicial practice,but different court decisions are very different.From the point of view of ruling the school by law and building a harmonious campus,this thesis discusses the theory of tort.The body of the thesis is divided into six thesis:The first part is an overview of college students’ injury accidents.First introduce the concept of college students injury accident,and then define the scope of college student injury accident from the object,time and space,results.The second part points out the dilemma of the infringement determination of the middle school in the college student injury accident.First,the corresponding provisions of tort liability of college students in injury accidents are not clear,secondly,the lack of clear provisions on the safety and security obligations of colleges and universities,and finally,the mechanism of colleges and universities to bear tort liability is not perfect.The third part expounds the legal basis for the university to bear tort liability in the college student injury accident.First,it introduces several common theorisms of the legal relationship between colleges and universities,puts forward the relationship between education,management and protection,and then puts forward the basis for colleges and universities to assume the obligation of safety and security.The fourth part analyzes the principle of tort liability of the middle school in the college student injury accident.First of all,the principle of attribution of torts is combed,and then it is argued that college students’ injury accidents should be supplemented by the principle of fault liability,the principle of presumption of liability for fault,and the principle of fairness.The fifth part mainly analyzes the determination of the tort liability of the middle school in the college student injury accident.First put forward the elements of tort liability of the middle school in the college student injury accident,and then analyze the identification of several common college students injury accidents.The sixth part puts forward some suggestions on how to perfect the school to bear tort liability in the accident of college students’ injury.First of all,the formulation of the Campus Safety Law,clear the legal relationship between colleges and universities,the principle of accountability,the implementation of mandatory search of cases,to ensure co-judgment,the second clear security obligations of colleges and universities,and finally improve the school tort liability insurance system,refine the school people’s mediation system,share the responsibility of colleges and universities.