Research On The Identification Of Tort Liability For Violation Of Security Obligation In Colleges And Universities

In today's society,higher education has become popular,and more and more people have entered colleges and universities to complete an important stage in life.With the continuous development of human society,the social danger is also increasing.As an institution that cultivates professional talents for social development,colleges and universities have become more and more integrated into society,and their degree of openness is increasing.The campus environment of colleges and universities More complicated than before,college security incidents have occurred,and legal disputes have arisen.In China's current laws and regulations,the provisions on security obligations appear in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases,the Tort Liability Law and the Student Injury Treatment Measures.As the legal basis for colleges to fulfill their security obligations.Colleges and universities shall be liable for infringement of acts that violate the safety guarantee obligations and cause damage to the personal and property of college students.However,in judicial practice,there are still many disputes in the determination of such tort liability.This paper starts with the content of security guarantee obligations of colleges and universities,analyzes and expounds the legal basis of its security obligations,the principle of liability for infringement liability,the dispute over the determination of tort liability,and the path to resolve disputes.Excluding the introduction and conclusion,this article consists of four parts:The first part is the content and legal basis of the security guarantee obligations of colleges and universities.As a subject of safety guarantee,colleges and universities are obliged to provide an objective environment that meets the requirements for the study and life of college students,including hardware facilities that meet quality standards,teaching activities venues,foods and medicines that meet safety standards,and obligations to prevent The third person's violation of college students.The safety and security obligations of colleges and universities are composed of precautionary measures before the incident,timely suppression of violations in the incident,and timely rescue measures after the incident.On the basis of jurisprudence,it advocates the theory of breach of contract liability,dangerous control theory,social responsibility theory and legal liability theory as its legal basis.The second part is an overview of the tort liability of colleges and universities for breach of security obligations.With the principle of liability for fault liability,the four elements of the elements of the tort liability are guided by the "four essentials",that is,the four aspects of the constitutional elements,that is,the unlawful behavior of colleges and universities,the damage of college students' personal and property rights.The colleges and universities are at fault,and there is a causal relationship between behavior and damage;the two forms of responsibility for infringement liability are the responsibility of colleges and universities without the intervention of third parties and the responsibility of colleges and universities with the intervention of third parties.The third part,in the judicial practice,the violation of security obligations by colleges and universities,and the disputes on the issue of tort liability are the unclear burden of proof,the narrow scope of the rights subject,the non-standardization of the obligation of the judgment subject,and the supplementary liability and recovery.There is a controversy over the right.The fourth part,corresponding to the four disputes in the third part,aims to safeguard the rights of both parties to the infringement,especially the rights of the injured party,to explain their views in the dispute,to clarify the burden of proof,to expand the scope of the subject,and to clarify the subject of the obligation.The standard of fulfilling the obligation reasonably,clearly clarifying the scope of responsibility and the right of recourse,so as to solve the disputes in the disputes of the infringement liability of the security breach.