Font Size: a A A

The School's Responsibility In The Students Public Security Events

Posted on:2012-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:W J JiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Our campus security measures and polarization aggravate social contradictions struggle conflict, this is the frequent reasons of the recent campus massacre. Schools shall establish sound the long-term mechanism of campus safety management and good social public opinion direction, etc, in order to prevent and reduce similar events happening. This tort disputes usually have great social influences. However, since relevant legislations are too simple, many practical problems should be settled as soon as possible.This article based on discussion over controversial issues in this type of cases, clarifies the legal relationship of tort incidents and the principle of imputation. This paper mainly contains five parts as follows:The first part mainly includes two sub-parts:the concept and definition of student public security events. The student public security events are defined from aggrieved party, injuring party, damage time and location.The second part mainly describes that the school undertake the responsibility in student public security events. This paper is mainly through the difference between the public school and the private school, so as to determine the nature of rights and obligations between the school and the students and lay a solid foundation for identifying schools' liability. The author thinks that, the relationship between the school and the student is not in the traditional sense guardianship relations but education, management and protection. In addition, this paper introduces two opinions of the security obligations of school. The author considers that it is legal obligation.In the third part, it contains that the school's imputation principle in the student public security events. The author excludes the school in the student public safety incident to bear no-fault liability principle, establishes school can apply fair liability principle and the principle of fault liability. The author has established the fault of school determination standards and note compulsory standards. This article agrees that the students'safety should be the first consideration. If students get hurt they should receive timely assistance and obtain the necessary damages so as to grow up healthy. Secondly, we should consider ensuring school education teaching activities promoting regularly. In this way, we can urge school to eliminate hidden dangers of accidents at the same time, avoiding making school bear this shouldn't assume responsibility.The forth part mainly states the school's added responsibility. It analyses the relationship between the school and persons directly responsible from seriousness of default and reason forces. It also points out that the problems in this part at the same time.In the fifth part, this paper also introduces multiple liability share mechanism of the student public security events. To handle with the problem of public security in school, students'interests, school's capability yand its awareness of accident prevention should be all taken into consideration, since none of these approaches will work alone. Thus, in China, primary and middle school students'safety problem should meet a multi responsibility-based mechanism.
Keywords/Search Tags:the legal relationship between school and student, Security obligations, principle of liability, fault, additional liability
PDF Full Text Request
Related items