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Legal Liability Of Campus Tort

Posted on:2014-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:D H WangFull Text:PDF
GTID:2256330425977062Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Currently, malignant school infringements’ frequent occurrence make problemsabout campus security unprecedented important. After school infringement, how canwe use laws to prevent our exploitation, to pursue relief by oneself or by public, isthe problem we must think about and careful handle. This paper will combinedifferent sides of the system of laws in our country, use the basis and practice of lawsby the aspects of the responsibility of campus tort, the imputation principle ofcampus tort, exemptions and reduction of the liability of campus tort, liability ofcampus tort, list cases to explain laws, do the practice reading of legal liabilitiesabout campus tort with the two views of knowledge and practice about laws.The first chapter of this paper is about the causes and features of campus tort.Discuss the causes and features of campus tort in detail. In the light of if theeducation institution fulfill the duties of management, educational and protection,dividing the causes of campus tort into hurts betweenThe second chapter of this paper is about the imputation principle of campustort. In the light of the38th to40th clause of the “Tort Liability Law”, the imputationprinciple of campus tort divides students by without for civil conduct or with limitedcapacity for civil conduct. Clearly articulated personal injury of underage studentwhile studying or living at school by “presumptive fault liability”,“no fault liability”, “fault liability”,“equitable liability”.The third chapter of this paper is about the responsibility of campus tort.According to the related clause of the “Tort Liability Law”, this chapter analysissome cases to explain liability of guardian, liability of educational institution andliability of the third party respectively.The fourth chapter of this paper is about exemptions and reduction of theliability of campus tort. From the two aspects of exemptions of the liability andreduction of the liability, discuss how the educational institution bears the civilliabilities. In the light of the12th and13th clause of the” Student injury accidenttreatment measures” clear and definite the reduction of the liability of educationalinstitution and focus on negligence offset.The fifth chapter of this paper is about liability of campus tort. Focused on howto fulfill liability of campus tort, analyze the8main liabilities in the15th clause ofthe “Tort Liability Law” and the spiritual damage compensation in the22nd clauseof it. To the relief of campus tort is applicable by one or by multiple modality ofliability.The last chapter is a summary. As a conclusion of this paper, call on peoplefulfill safety education about campus tort at home, school, society and judicial, inorder to give students a safe campus environment. And then protect the right in civilaffairs of students, punish infringement, ensure a harmonious society further.
Keywords/Search Tags:Campus tort, responsibility, imputation principle, exemption
PDF Full Text Request
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