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College Students Personal Injury Liability Analysis

Posted on:2012-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:R J HuangFull Text:PDF
GTID:2216330368481645Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Personal injury of students in universities is the implementation of education in universities, which means teaching activities and the daily management of the service process, school organizations, extracurricular activities, and managerial responsibilities in the school living facilities, educational facilities, resulting in school students' personal injury.When college students encounter damage, the university whether should take responsibility or bear any kind of legal responsibility is always the dispute. Schools, students, and theorists have their own different understanding and awareness of these issues. China's current "Education Law", "Higher Education Act" and other related laws and regulations of the relevant provisions of harm to students are more general. There is no detailed distinction with civil capacity, limited capacity and full civil capacity. Lead dealing with personal injury incidents of students in universities lack of clear legal basis. "Student Injury Treatment" is because of the low level of efficiency, on the principle of attribution does not make detailed provisions to bring the judicial practice a lot of trouble. All the things are extremely unfavorable for the university and the relief of the injured students. Therefore, clearly defined legal responsibility for personal injury of students in universities is particularly necessary.The text mainly consists seven parts:Introduction section describes the background of the topics, methods and content of the paper, and describes the structure. The first part through the analysis of the law relationship between the university and students, made a definition to the article's central question----Personal injury of students in universities. The text briefly describes the university's responsibility foundation-safety and security obligations. The second part introduces home and abroad legislative norms about college students personal injury, and judges its contents and determine the trade-offs. The third part analyzes the principle between attribution and responsibility and universities. The fourth part classifies the students' personal injury accident, and analyzes different types of liability of personal injury accident. Fifth part puts forward their own proposals on how to prevent and deal with students' personal injury accident from four areas:the legislative level, university level, student level and the social share universities legal responsibility. Conclusion part give a brief summary of the text.
Keywords/Search Tags:University, Students, Personal injury, Legal responsibility
PDF Full Text Request
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