Research On College Students' Damaging Incidents And Tort Liability Of Universities

With the development of college education and improvement of educational legal system, injuring Incidents of college students are becoming one of the most focused problems in the whole society. As for how to strike a right balance between protecting lawful rights of students and parents and ensuring normal educational activities of colleges, it becomes a common task for the field of education and law. Nowadays some legal regulations on education department and local education are successively established, which define the issue of injuring incidents of college students. At the same time, colleges are doing research and having discussion on such incidents which affect their development. However, because of the various kinds of incidents and specialty in defining the nature of injuring incidents, deciding responsibilities and refunding, there are great disputes between the two parties as to when colleges should take legal responsibilities and what should be relied on to define college responsibilities. Based on theories of intrusive behaviors and combined with specilty of such incidents, the following essay defines the conception and scope of injuring incidents in details, comes up with principles in defining responsibility of colleges with offence responsibility as the general principle and colleges taking offence assumption responsibility or no responsibility in special incidents stipulated by law as complementary principle. It also specifies the varieties and components of college offence. At last, with abroad experiences and reality in education at home, it suggests to put forward insurance system of college intrusion responsibility and to establish long-term refunding system to share the risks of college education. Therefore, lawful rights of students can be solidly protected and healthy development of colleges can be garanteed.