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On School' Security Obligations Based On The Attention Obligations

Posted on:2009-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J J WeiFull Text:PDF
GTID:2166360245481035Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The article bases on the basic theory of note obligations, introducing relevant doctrine and existing legislations home and abroad on this issue, then carried out a detailed analysis. For the new complex and changeable situation of the modern society-increasing dangerous sources, division of labor is increasingly sophisticated, Participation in the social division of collaboration is increasing. It is necessary to introduce the theory of trust law principles and risk allocation theory in order to meet the needs of social development and to better address the infringement between the two parties shared responsibility. On the basis of this, the article deeply analyzes the principles above and the interrelationship between theories. Then article re-examines the content of the obligation, the distribution of the obligation as well as the distribution of responsibility between the parties when violations occurred. On the other hand, the paper demonstrates the criteria for determining the obligations and reducing or subject disclaimer associated with the responsibility. Last but not least, the article attaches more importance on obligations for the safety and security of shool. Because of the different nature of the school, its enrollment, training, education is completely different. It is precisely because they face different groups and various groups have completely different civil capacity which decides the different social responsibility between he schools, parents and students. Similarly, it is precisely because of the differences in groups which lead to the huge difference of trust principle when used in different schools. In the event of such violations, particularly because of negligent acts which harm the legitimate rights and interests of students, Schools, parents and students would have totally different responsibilities.
Keywords/Search Tags:Note obligation, Trust principle, Risk allocation, Security
PDF Full Text Request
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