Research On The Obligation Of Safety Guarantee For Colleges And Universities

The obligation of safety guarantee is new type issue of tort law. The obligation of safety guarantee for colleges and universities references to that if colleges and universities able to or should anticipate that their actions may lead to damage to college students, they would have the obligation to take reasonable measures to protect college students' body and their property from damage. And the actions mainly reference to negative nonfeasance.This paper is divided into five parts, each of the following are main components:The first part analyzes mostly the concept, establishment and types of the obligation of safety guarantee for colleges and universities. Since the mid-1980s of the 20th century, American prejudications radicated that colleges and universities should be responsible for the violations or criminal acts of a third person . At present, the prejudication is still expanding the obligations. Article 6 of Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury which began to implement in 2004 provides the obligations of safety guarantee for colleges and universities actually. The obligation of safety guarantee for colleges and universities are characterized by the following: the limited scope of the obligation, duties as the compound, in violation of obligation under the main responsibility for mistakes, mainly as a positive obligation to protect personal rights and interests in limiting scope.The second part discusses the gist of the obligation of safety guarantee for colleges and universities. And the following are the main points: The main human rights perspective, risk control theory, the theory of trust protection, the requirements of economical reason and the requirements of the theory of social responsibility.The third part discusses the nature and the main content of the obligation of safety guarantee for colleges and universities. By analyzing this paper says that the obligation of colleges and universities is not contractual obligation, but a legal obligation, and at the same time it is not a legal obligation under guardianship obligations. And the obligation includes obligation of hardware and obligation of software. The fourth part is the core of the paper. By discussing the writer thinks that the liability which the university violates its safeguard obligation should be attributed to the principle of liability for fault. And the structure factors of liability which the university violates its safeguard obligation should include mistakes, hurt, damage, and the causal relationship between tort and damage results. And the exemptions of the liability include accident and the victims' own behaviors.The fifth part discusses the liability patterns for colleges and universities' violation of its safeguard obligation. There are both separate liability and complementary liability .Then the writer analyzes the meaning and the unique characteristics of the basic principles of the complementary liability. The unique characteristics of the basic principles are following: ordinal complement, restrictive complement and entitative complement. In the paper the writer thinks that in judicial practice, the court should cognize the liability of colleges and universities according to the principle of liability for fault strictly. And when there is a third person involved and the third person don't have the capability to compensate, the court should deal with the issue that which ones should be involved in the lawsuit well.