The Research On Disposal System Of Public University Students' Injury Accidents

This article explains the legal analysis, responsibility principles, types, treatments, damage reparations and the preventions of injury accidents of the public university students that happen on campus from five aspects through the analysis and order on it. The first aspect is the character and legal status of the public university and legal relationship with students. The second aspect is the types and analyses of the causes of the public universities and students. The third aspect is the bound of legal character and responsibility principles of college students'damage accidents. The forth aspect is the treatments of college students' damage accidents. The fifth aspect is the effective preventions of college students' damage accidents.Legal disputes have aroused more and more when the damage accidents of university students happened frequently in recent years. It has become a significant reality problem how to use legal measures to properly handle students'injuries and to explore, as well as to analyze the legal nature and identified responsibility of college students'damage accidents from the legal aspects. This article holds that although colleges and universities have been defined as the institutions for a long time, in fact, they have been partial of public administration that is granted by law. It is a typical administrative behavior. The relationship between the university and students in general should be considered a civil legal relationship. Two equal subjects are involved in injury accidents of university students. The personal relationship between universities and students is the special contract, which is the contractual relationship of education. University students'damage accidents must have the following four legal elements simultaneously. The time of university students'damage accidents are specific; the space of university students'damage accidents is specific; the main body of university students'damage accidents is specific; university students'damage accidents are personal injury accidents. The responsibility principle of university students'damage accidents should use responsibility principle of fault.There are four types of university students' damage accidents. They are university students'damage accidents of university's responsibility, university students'damage accidents of students'responsibility, university students'damage accidents caused by the third-party and mixed university students'damage accidents. The treatments of university students' damage accidents should follow the finds of the principle of fault liability; the principle of objective and fair; principles of law; the principles of timely and proper. The procedures of university students'damage accidents are divided into consultation, mediation, litigation, arbitration. When we deal with university students'damage accidents, we should not only base on dealing with emergency at the scene, but also seriously investigate and collect evidence. Strengthen the evidence-gathering exercise, do the placate work well of other students and parents of the victims. The compensation principle of university students'damage accidents should apply for the principle of full compensation. Compensation includes damages for personal injury, death compensation. Funding sources of damage compensation are university financing, the establishment of college students'injury compensation reserves, and the establishment of university liability insurance system. In order to avoid university students'damage accidents, colleges and universities should improve the laws and regulations of university students' damage accidents. Also, they should enhance the education of student safety and mental health; establish and improve safety systems of universities; improve all kinds of the campus security rules and regulations; improve accountability of the treatments of the accident; establish unobstructed channels of information and grasp the dynamics of the students in time; establish and perfect the supervision system of work management and establishment the leadership responsibility of safety management and accountability as well.