A Probe Into Civil Liability Of College Students In Injury Accidents

With the rapid development of social economy, changing education enterprise inour country. From1978to2012, the national ordinary institutions of higher learningincreased from less than800to2400, the college students from more than700increased to more than2300ten thousand people, ten thousand people. But with legalprotection is not keep up with the pace of the rapid development of higher education,Especially in recent years, due to various social contradictions, the probability ofcampus tort accident increased by several times. After the accident, because there isno law stipulates that disputes between students and their parents and schools are notpromptly solved. Most of the time, colleges and universities undertake the over dueobligations. So bring heavy debt burden, or even affect the normal teaching order.Investigate its reason, the author thinks that, first, about the concept of “collegestudents’ injury accident” covered by the category is not clear.“College students”include vocational and technical school students? Whether for part-time students,correspondence students? Second, the legal relationship between university andcollege students are not clear. Disagreement about the relationship between schooland students already a long time, but nothing has been decided yet. Removal ofprimary and middle school students and the relationship between the primary andsecondary school students, only look at university and college, the relationshipbetween the scholars still can’t agree. Third, college students hurt imputation principleof uncertainty. Imputation principle is the key to the responsibility division, collegestudents’ injury accident due to unclear imputation principle cannot be divided intocivil liability, thus unable to resolve the dispute.The full text is according to the basic theory analysis, ask questions, the logicalthinking to write to solve the problem. The first part of this paper first compares thescholars and the related legislation on the definition of the concept, the specificresearch object of this article, and then analyzes the specific research object of thisarticle, and then analyzes the law of the college students’ injury accident responsibility.Thirst is identifying the legal relation between university and college student, through comparing various theories, to find out the most suitable theory of relationshipbetween them. Secondly explores divided into civil liability imputation principle andcompared with minor students hurt imputation principles are discussed. Then, thecomponents of the in-depth analysis of responsibility. In this paper, the second partfocuses on describing the current situation of college students’ injury accidenttreatment, and found out the problem: high school-based irresponsibility is liable injudicial practice, the extra responsibility, court handle similar case is different, and theproblems in legislation, it is concluded that the university shall be liable to ground,specific relief. Then shall bear the responsibility of the specific analysis in collegesand universities, and puts forward their own self-contained proposals in the end.