Research On College Security Obligations

In recent years,injuries on college campuses occur frequently.Such incidents have become a difficult problem for current college management and have gradually evolved into a social issue.For a long time,Chinese legislative branch and judiciary have only focused their attention on protecting underage students in colleges but ignored the research on college safety issues.Due to the lack of a clear legal basis,judicial judgments often fall into a dilemma or infringe college students’ legitimate rights,or make colleges take excessive responsibilities.Therefore,it is of great significance to clarify the security obligations of colleges in law.On one hand,it urges colleges to protect the safety and interests of students.while on the other hand,it protects the legitimate rights and interests of colleges and realizes substantial justice.The primary issue to determine the obligation of colleges to undertake security is to clarify the legal relationship between colleges and students.This thesis first solves this problem,and then focuses on the theory and practice,domestic and foreign perspectives of colleges to undertake security obligations.On the basis of legitimacy and necessity,the specific content and reasonable limits of the obligation are clarified.Finally,combined with the status quo of the legislation of China’s college security obligations,the legislative path of my country’s colleges and universities security obligations is proposed.This thesis is divided into four chapters:Chapter one: Firstly,we sorts out the origin of safety guarantee obligations and the development of legislation,and draws the conclusion that the scope of application of safety guarantee obligations shows an expanding trend in the world.Then we define the connotation of the security guarantee obligations of our colleges,clarify the limitation of the scope of protection,and divide them into two types: "no third party intervention" and "third party intervention" based on the different direct infringers who cause damage.Chapter Two: Demonstration of the allocation basis of colleges and universities’ security obligations.This chapter discusses the legitimacy and necessity of establishing security guarantee obligations in universities from multiple perspectives such as practical basis,theoretical basis,domestic status quo and international trends.Chapter three: According to the different types of infringements,we clarify the four types of specific content of the security guarantee obligations of universities: reasonably foreseeable dangerous environment warning obligations,campus facilities and equipment inspections,maintenance obligations,obligations to protect students from third parties,and reasonable Relief obligation.This chapter interprets typical cases and clarifies the boundaries of obligations.Chapter four: By combing the current legislation of China’s colleges ’ safety guarantee obligations,found that the current legislative provisions are not enough to properly solve the problem of college student injury accidents.Then the legislative path was designed.Based on the demonstration of the way of assuming the tort liability,the principle of liability,and the standard of fault judgment for the violation of security obligations by Chinese universities,and at the same time,the interpretative analysis of Article 1198 of my country’s Civil Code shows that universities should be included in the general security obligations Conclusion within the scope of the subject.