Dissertation
Dissertation > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act

The Liability of Civil Action on Accident of Injury to Students

Author HeMin
Tutor ZhouHuiBin
School Hunan Normal University
Course Legal Theory
Keywords Student Accident Imputation Principles Civil liability
CLC D922.16
Type Master's thesis
Year 2003
Downloads 404
Quotes 8
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In recent years, the student injury accidents and deal with increasingly become a hot issue of social concern. China's legal provisions of such incidents are relatively principle, the determination of liability, incident handling the lack of clear and specific provisions, operability is not strong, caused a lot of controversy, is not conducive to the healthy development of China's educational undertakings. Students injury in the legislation, law enforcement needs to be improved and strengthened, while the legislative, judicial practice calls for students mature theoretical guidance injury accident. Author injury accident caused by a variety of the debate from the student, the literature, comparative law, case analysis, learn from foreign advanced legislative and legal experience to learn the theory of nutrition of many law, education experts, sum up the wisdom of the judges and a wealth of trial experience, and try to dissect my students hurt in recent years major accident applicable law, and strive this paper for our students injury in the legal system construction and theoretical research to make a modest contribution. By comparison, analysis and research, I draw the following conclusions: 1 school is not the student's guardian. Schools in order to better fulfill this particular educational responsibilities, student health and safety protection and supervision, but this management responsibilities specific range, rather than in any place, any time, all student activities at under its own management. Principle, the range of management responsibilities of school students and school education teaching functions linked. 2 students hurt accident applicable fault liability and fair responsibility for two imputation principle, the principle of fault liability, supplemented by the principle of equitable responsibility. Fault liability is usually the case, according to the Principles of Responsibility, to judge schools and teachers whether the fault of the accident and its consequences, the fault size, to determine the responsibility of the main body, and so the damages, the general principles to resolve such disputes . In exceptional circumstances, consideration should be given to the principle of fairness to be supplemented, but the application of the principle of equitable responsibility must be strict conditions. 3 in accordance with the principle of fault liability based on fault, no, big and small, schools exist \Identified school whether the accident liability is not the time and place of the accident, and depends on accidents and school education and teaching activities have no direct causal relationship, and whether the students there is no fault; school the size of the responsibility does not lie the heavy and the light of the facts of the damage, and depending on the amount of the school at fault.

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