中小学生人身伤害赔偿纠纷之民事诉讼研究

发布时间：2019-01-07 15:15

【摘要】：近年来，，随教育改革的不断深化，素质教育的不断完善，学校尤为注重综合素质的培养。学校教育活动由原来的教室、操场逐步扩大到校园的各个领域乃至校园外，此举必然导致了中小学生人身伤害事故的发生，由于人们的法律意识不断增强，但相应的法律知识落后甚至缺乏学校伤害案件的法律知识和常识，在此类事故发生后不能有效的解决致使此类问题成为非常棘手的问题之一。计划生育政策的全面贯彻导致了独生子女家庭日益增多，独生子女在整个家庭中受关注的程度也相应提高，那么中小学生人身伤害发生后也导致了学生家长不能客观正确的看待问题，给教育部门带来了许多困扰，因此，这类问题受到社会各界的广泛关注。中小学生人身伤害赔偿问题如果处理不当，必然会导致无休止的纠纷和教育秩序的混乱。尽管中小学生人身伤害赔偿纠纷的长期存在给教育界和司法界制造了许多难题，但在一定程度上促进了教育法律法规的进一步完善，也为司法实践中此类案件提供了更多的理论依据。本研究从中小学生人身伤害赔偿纠纷问题中的责任划分、赔偿主体的确认、赔偿数额的确定和赔偿诉讼中出现的程序问题来试图分析中小学生人身伤害赔偿纠纷的民事诉讼管道阻塞问题。
[Abstract]:In recent years, with the deepening of educational reform and the continuous improvement of quality education, schools pay particular attention to the cultivation of comprehensive quality. School education activities have gradually expanded from the original classrooms and playgrounds to all areas of the campus and even outside the campus. This will inevitably lead to the occurrence of personal injury accidents among primary and middle school students, as a result of the increasing legal awareness of the people. However, the corresponding legal knowledge is backward or even lack of legal knowledge and common sense of school injury cases, which can not be effectively solved after the occurrence of such an accident, which has become one of the thorny problems. The full implementation of the family planning policy has led to an increasing number of one-child families, and the degree of attention paid to the one-child family has accordingly increased. Well, the personal injury of primary and secondary school students has also caused the parents of students to look at the problem objectively and correctly, which has brought a lot of troubles to the education department. Therefore, this kind of problem has received extensive attention from all walks of life in the society. If the problem of compensation for personal injury of primary and middle school students is not properly handled, it will inevitably lead to endless disputes and confusion of educational order. Although the dispute over compensation for personal injury of primary and middle school students has caused many problems to the educational and judicial circles, it has to a certain extent promoted the further improvement of educational laws and regulations. It also provides more theoretical basis for this kind of cases in judicial practice. This research from the primary and middle school student personal injury compensation dispute question responsibility division, the compensation main body confirmation, The determination of the amount of compensation and the procedural problems in the litigation of compensation try to analyze the problem of obstruction of civil litigation in the dispute of compensation for personal injury of primary and middle school students.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1;G635.5

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