2005Journal of Chongqing University. English EditionRequires access

Analysis of School's Civil Liability in Student Injury Accident

Xinghua Li

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Abstract

The School is not the guardian of under age student,but it should take the responsibility of the student's personal safety and health.If the school violates the obligation and causes the student being injured,it should bear civil liability.The school should undertake the fault liability for student injury accident,and in special situation the school should take on no-fault liability and even the fair liability.The determination standard for the school's fault liability must be just to objective standard.In Student Injury Accident Treatment Measures some regulations have inadequacy,and in which the contents opposed to the civil laws should be invalid.

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What this paper is about

The School is not the guardian of under age student,but it should take the responsibility of the student's personal safety and health.If the school violates the obligation and causes the student being injured,it should bear civil liability.The school should undertake the fault liability for student injury accident,and in special situation the school should take on no-fault liability and even the fair liability.The determination standard for the school's fault liability must be just to objective standard.In Student Injury Accident Treatment Measures some regulations have inadequacy,and in which the contents opposed to the civil laws should be invalid.

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Available abstract

The School is not the guardian of under age student,but it should take the responsibility of the student's personal safety and health.If the school violates the obligation and causes the student being injured,it should bear civil liability.The school should undertake the fault liability for student injury accident,and in special situation the school should take on no-fault liability and even the fair liability.The determination standard for the school's fault liability must be just to objective standard.In Student Injury Accident Treatment Measures some regulations have inadequacy,and in which the contents opposed to the civil laws should be invalid.

Key concepts: Liability, Obligation, Guardian, Personal injury, Legal liability, Accident (philosophy), Delict, Law

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