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Study On The School Supplementary Responsibility In The Case Of Third Party Infringement Outside School

Posted on:2019-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:D L ZhengFull Text:PDF
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For a long time,The person outside school Infringements of school children,primary school students and even kindergarten children are common occurrences.In order to curb this kind of vicious incident,we can make sure that the third person must be liable for direct infringement due to legal sanctions and his direct infringement,and the school is based on its lack of management responsibilities violates safeguard obligations In accordance with our laws which must also bear responsibility.The Tort Liability clearly stipulates that schools shall assume corresponding supplementary responsibilities under such circumstances.but,from the perspective of judicial practice,the responsibility form of supplementary responsibility has not been applied very well,There is also considerable controversy in the theoretical community about whether schools apply supplementary responsibilities.China's innovative nature may introduce the new responsibility form of"supplementary responsibility" into the field of school safety guarantee obligations.which measure in China is different from the international communication theory.And the legal provisions of "corresponding supplementary responsibilities" are too general to solve the problem of sharing responsibility between schools and In view of the fact that legislation is not clear and causes confusion in judicial practice,there is also a lot of controversy among academic circles.Therefore,my research begins with the concept of supplementary responsibility for schools in the third party infringement,Through empirical research,The objective prerequisite for the introduction of supplementary responsibilities to our country and the academic debate in the domestic academic community,Legislative practice experience,development and changes in foreign supplementary responsibilities,so I do a comprehensive inspection and analysis of the rationality of school supplementary exploring the specific circumstances in which the school assumes supplementary responsibilities and how to determine the scope of responsibility of the school,is that suitable to make the third person bear the ultimate responsibility,and if the school have the right to recourse and how to exercise its right to recover,I attempt to achieve a reasonable use of school supplementary responsibilities to Solve the difficulties arising from related issues in the field of judicial practice.
Keywords/Search Tags:Third party infringement outside school, Security protection obligation, Responsibility for supplementary school, Limitation of Liability, Right of recourse
PDF Full Text Request
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