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《侵权责任法》第39—42条确定了在校园侵权案件中,校方要承担教育管理职责。但教育、管理职责是个笼统的概念,缺乏一个具体的量化标准。具体到法律实务中,侵权责任法第38—40这三个法律条款便沦为气球式条款,——校方极力主张教育管理职责尽可能收缩化,校园侵权受害者却力陈教育管理职责无限膨胀化。【案例】某校一个班级提前下课,学生下课后纷纷去学校的车棚取车,但此时未到开门时间,车棚的门还关着。见此状,一些学生去找老师开门,其中一位学生却为了另外一位同学能尽
Article 39-42 of Tort Liability Act establishes that in the case of campus infringement, the school shall assume the responsibility of education and management. However, education and management responsibilities are general concepts, lacking a specific quantitative standard. Specific to the legal practice, tort liability law 38-40 these three legal terms will be reduced to balloons terms, - the school strongly advocated education management responsibilities as much as possible contraction, but the victims of campus infringement education and management responsibilities unlimited expansion The [Case] A class of a school ahead of schedule after class, students have to go to school shed after car, but at this time not to open the door, the carport door is still closed. Seeing this, some students go to find the teacher to open the door, one of the students is able to do for another classmate