Research On The School Duty Of Care In Violations Of Primary And Secondary School

Campus violations, primarily refers to the physical campus in the minors, property, mental health, and civil rights violations by a damaged. Violations of the campus, the school as a minor in school, life, full management, in a minor victim of any damage by the school due to various factors will be considered and asked about the incident at the expense of its it has a fault, whether it be on the victims of tort liability of minors. Hence need to pay attention to the school duty of care. In this paper, through the three parts of the school duty of care was analyzed:The first chapter, mainly referred to the connotation, the legal nature and functional significance of the school duty of care under the new"Tort Liability Act"were published.In the new "Tort Liability Act" enacted in the context, meaning the school duty of care to expand. Campus infringement cases only refer to the school duty of care to protect the personal safety of students before the "Tort Liability Act" has been published. In the new "Tort Liability Act," Article 2, for the first time defined the scope of protection of legal interests. Therefore. re-interpret the connotation of the duty of care in the school campus violations on the context of"Tort Liability Act", should see the school is a corresponding duty of care of minors in school personal and property safety of the fundamental rights of students in the campus violations, the school duty of care to protect the rights of minors should be no personal rights to protection, but should also include in the scope of property rights and interests of minors and mental health benefits. The school duty of care to protect the rights of minors should be no personal rights to protection, but should also include in the scope of property rights and interests of minors and mental health benefits.The legal duty of care on the nature of the school is mainly reflected in four aspects of qualitative. First, voluntary, conscious duty of care is the essence of the school. It explains the origin of the broad duty of the school. Second, the school is the duty of care obligations under tort law domain; it is different from the contractual duty of care. Third, the school duty of care is performance obligation. It, including four forms: the implementation of duty of care to protect and control dangerous duty of care, examination revealed the duty of care and relief of duty of care. Fourth, the source of the school has a broad duty of care to the angle of sources of law; the duty of care comes from the development of school rules and non-developed rules. Which, from the schools to develop rules of duty of care, mainly refers to clearly defined in the laws and regulations, administrative rules and regulations on school duty of care rules? The development of rules from non-school duty of care, it refers to non-law, but certain conditions can be identified by the school should bear the duty of care situation.School functions and significance of the duty of care was mainly reflected in three aspects. First, while the three elements that constitute infringement liability under the judgments of the fault should adopt an objective of the standard. Adopted a "fault absorption illegal" point of view, is equivalent to a violation of the duty of care into the judge's fault system, while the duty of care has become an objective standard to judge the fault. On this basis, the school duty of care is to determine whether the schools fault tort liability constituted "fault" element of objective criteria. Second, the school specific duty of care to bear tort liability of school marginal, clear the field of civil law schools under the duty. Third, the school will be the duty of care and mental health of students'interest in property rights into the scope of protection, in fact, is the expansion of tort law on the protection of minors in the school area, and then embracing the tort law on the protection of minors.Chapter II, combined with social reality through the many specific cases, the content of the school duty of care was analyzed in detail. School duty of care covers the two aspects, namely, the establishment of school duty of care and its violations.The establishment of duty of care in schools, mainly from the campus facilities, campus management, teaching activities, extracurricular activities, campus violations of these aspects implicit integration of social reality on the establishment of the school duty of care was discussed. Breach of duty of care in schools, the reasonable person standard in the comparison and the basis of a reasonable person standard, select a reasonable man standard of the school's breach of duty of care to the analysis.Chapter III, the school duty of care in the content and content of in-depth understanding, combined with "Tort Liability Act," the relevant provisions and social reality, "Tort Liability Act", made after less than two judicial proposals: First, reference to the school duty of care research in other types of tort law applicable should also be appropriate to combine "Tort Liability Act" to explain the overall conduct system. Second, "Tort Liability Act," Article 22 provides for mental damages are not detailed, the spirit of the judiciary should supplement the liability for damage to explainFor "Tort Liability Act," has not yet applied, so the final study to the school duty of care theory to practice, precedent for a legal analysis to justify the reasonableness of the school duty of care and practicality.In summary, the school of duty of care is actually the type of analysis from the specific response of the tort duty of care theory in our country, "Tort Liability Act" in the code of the specific circumstances. The school duty of care research and analysis will also help the campus violations of the settlement, so as to achieve a minor at school to protect the legitimate rights and interests of the ultimate goal.