论学生伤害事故中的学校责任-法律专业论文.docxVIP

山东大学硕士学位论文In 山东大学硕士学位论文 In recent years，the minors’impairment coln[Jensalion cases inerea鹎．year by year,In these cases,people have different ideas about the liabilities ofsela001．There is hardly any law tO regulate it．The liabilities of selaool aIe still vague．So it is the serious blLrliet to Setlle these disputes．Fixing the liabililies ofselaool in the selaool injury accidents is very important for the court to 9咖e the cases eort优tly．It also has vital signitieanee to protect the students’ legitimate rightsandinterestsandmaintaintheeduealiomlorderofsela001． There a托five parts in tim article． In the first part,the author has a briefinlzoduetion ofstudent injury accidents．It eontaim the definition,present situation and the legal problems caused by the student injury accidents． In the second part,the author analyzes three viewpoints about the liabilities of school from domestic and foreign theorists．With this understanding,the author describes the viewpoint ofherself．Her viewpoint is that the liabilities ofschool should be regal liabilities， consisting ofeducating,conducting and safeguarcti．g liabilities． In the third part,the Illtlthor studies the four most controversial principles of liability atlribulion,which a陀the principle of fault liability。the priaeiple of fault understandability liability,the principle of no-fault liability,the priaeiple ofjustice liability．The alltholholds her ground that generally the school should not be burdened、jvitla any liability if it has no fault． In the fourth part,the author brin擎forward several questions about the school’s liabilities fixation in the school injury accidents．Such as，the constitution,form and exemption of the school’s liabilities,the Sl戡iflc analysis of selaool fault,tlae fiabilities of school in sports，the validity ofthe liability eXelllption agreement betW∞ll parents and sch001． In tlae last part,this thesis brings forward the legislation design of the selaool accident obligation．The school accident obligation s