Research On The Obligation Of Safety And Security Of School

According to the relevant statistics, the students who study in various educational institutions have reached or even more than one-fifth of total population in China. It can be said that the safety of students are related to the harmony of the whole society, and it affects every person's concern. With the increasing of the scale of schooling, student safety accidents occur frequently and the campus disputes caused by students injuries also increase. Schools often confront to the dilemma after the occurrence of campus infringement, either to avoiding disputes at the expense of the legitimate rights and interests of teachers or schools, or improper maintenance of schools and the interests of teachers which lead to the situation difficult to handle. Campus infringement is increasingly becoming a serious problem that troubles school work and blocks school development.The thesis is divided into four parts:Part I touches on the safety and security obligations. This part briefly describes the development and current status of security obligations in our country. In particular, the connotation of the security obligations of schools is explained and its jurisprudence basis is also described concisely.Part II discusses the obligations of safety and security of schools in detail, making a series of analysis of its characteristics, and finally carries out the carding of the legal relationship between schools and students, taking a detailed definition between specific content and scope of the obligations of safety and security of schools.Part III bases on the principle of liability, analyzing the violations constitute elements of the non-compliance with the safeguards obligations of schools, following by the analysis of the two forms of tort liability of non-compliance with safeguards obligations of schools. Finally, this part focuses on the exemptions of schools.Part IV reviews on the relevant provisions of the current newly promulgated"Tort Liability Act". This section emphasizes on the"Tort Liability Act"article 38, 39, 40 on school safety and security obligations.