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把中小学校对其未成年学生的教育、管理和保护义务归结为安全保障义务,有助于司法的介入和调节。学校安全保障义务的确立有其道德的和经济的合理性,中小学校在教育、管理和保护学生方面承担着较高的安全保障义务,然而学校的这一义务必须控制在合理的限度内。由于近年来社会各方面对学校安全保障义务的要求越来越高、范围越来越广,司法基于对受害人特别保护的目的也对学校提出了较重的注意和保护要求,这些变化在促进了学校安全环境建设的同时也使学校的办学负担大大加重。因此在确立学校对其学生的安全保障义务时必须考虑学校处理危险情形的能力,必须重视保护学校的合法权益。学校安全保障义务尽管已有一定的标准和边界,但由于学生伤害事故发生的原因多样,情况复杂,在具体问题中如何认定学校应否承担民事责任则比较混乱,标准不统一。其中因学校教育和管理方法引起的学校安全保障义务纠纷是中小学校中较常见的法律纠纷。本文最后提出了处理学校未尽安全保障义务而致学生损害问题的几项原则。
The obligation of primary and secondary schools to educate, manage and protect their underage students can be attributed to the obligation of security and help to intervene and regulate the judiciary. The establishment of school safety and security obligations is ethically and economically justified. Primary and secondary schools have a high obligation of safety in education, management and protection of students. However, this obligation of schools must be controlled within reasonable limits. Due to the increasing demands and obligations of schools on social security obligations in recent years, the judiciary has placed heavier demands and protection requirements on schools for the purpose of special victim protection, Promote the construction of school safety environment, and at the same time, greatly increase the school running burden. Therefore, in establishing the school’s obligation of safety and security for its students, it is necessary to consider the ability of schools to handle dangerous situations and to protect the legitimate rights and interests of schools. Although there are some standards and boundaries for school safety and security obligations, students’ accidental accidents occur in various reasons and in complicated situations. How to identify whether schools should bear civil liability in specific problems is confusing and the standards are not uniform. Among them, the obligation of school safety guarantee caused by school education and management is the most common legal dispute in primary and secondary schools. At the end of this paper, several principles are put forward to deal with the problem of students’ injury caused by the failure of the school to fulfill the obligation of safety protection.