Discussion On Legal Liability Of The Accidents Injuring College Students And Their Prevention Mechanism

In rescent years,we can always hear about the news of accidents injuringabout campus. After the injury accidents,how to determine the legalrelationship between the injured students and school,how to divideresponsibility,and how can let the parents and the school be in a calm mood tosolve accident,balance the interests of both sides is today＇s hot,and also thefocus of this article.Compared with the school infringement cases,collegestudent injury accident refers to the accidents resulting in students＇personalinjury,leading to injury,disability,death or other injuries that happen in theeducational activity or the organization of extracurricular activities,and thebuildings,sites,other educational and teaching facilities,living facilities whichare the management responsibility for school.It has its own characteristics inthe damage location,damage and injury time.The legal relationship betweencolleges and students is a kind of education,management and protection.Application of tort law in college student injury accident is the viewsupported by most scholars at present.This paper introduces on the abovepoint of view. Based on these, we should establish the principle of faultliability system as the supplement of theprinciple of presumption,no faultprinciple and the principle of equitable liability.The responsibility systemclears the responsibility for the parties in the accident,and provides a legalbasis for the treatment of college students accident.All those will providelegal protection for universities to actively prevent and properly handlestudent injury accident,to safeguard the legitimate rights and interests of students and universities,as well as to promote the construction of harmoniouscampus.