高校学生人身伤害事故责任认定探究

College Students' Personal Injury Accident Liability Identification Inquiry

近年来,高等院校学生人身伤害事故不时见诸报端,高校频频坐在被告席上。学生安全事故发生后各方责任难以认定,对此很多人认为只要学生在学校遭受伤害,学校就应该负责任。本文立足于这些难题,通过分析高校学生人身伤害事故的特点,探究校方对学生的安全保障义务及违反不同义务所引发的责任,依据不同的归责原则适用范围,提出了高校因安全保障义务来源的不同分别选用不同的归责原则。

In recent years, the college students ＇ personal injury accidents from time to time, newspapers, universities frequently to sit on the dock. Student accident after the occurrence of each party＇s responsibilities is difficult to identify, for which many people think that as long as the student in the school suffered injuries, schools should be accountable. This article is based on these challenges, through the analysis of personal injury accident characteristics of college students, explore the school for students ＇ safety and security of obligations and liability caused by violation of different obligations, depending on scope of application of the imputation, proposed College safety and security due to source of obligations were selected different imputation.