Theory Of The Security Obligation

Popular in higher education in today’s society, to enter institutions of higher learning has become a necessary stage of the life of many people. With the enhanced awareness of the expansion of the university degree of openness and civil rights, college security incidents and resulting legal disputes more and more. Especially in recent years, college students for colleges and universities infringement lawsuit filed is increasing, this time in their colleges and universities need to assume security obligations to the injured students? Can college students require universities to assume the tort liability? For these problems, China’s few scholars to study. Therefore start from the definition of university security obligations, the content of university security obligations, characteristics, criteria, the theoretical foundation of the college security obligations, as well as colleges and universities in violation of security obligations tort starting analyzed and discussed.This paper is divided into three parts, each of the following are main components:The first part discusses the definition, characteristics and theoretical basis of the discussion of college security obligations. As student learning, life conditions and places the main colleges and universities have an obligation to protect these places and facilities safe, reliable, and also have an obligation to prevent the unlawful infringement of the outside third of college students. Through analysis, this article that the college commitment to student safety and security obligations is the main reason based on two aspects of the statutory obligation to protect and special legal relationship, characterized mainly reflected in three aspects of the protected objects, time and space. In order to support the university security obligations rationality of the system, this article from the hazard control, trust, protection, three aspects of the social responsibility of its argument.The second part is mainly recognized for university security obligations. College safety and security obligations identified as the theoretical basis for college students to assume the tort liability on the practical operation of Justice has an important obligation. This article is not clear criteria for college security obligations of this phenomenon, specific discussion of college duty of care criteria. The contents of the security obligations of the specific criteria of the reasonable range of the college security obligations, after analysis, it include hardware security obligations and software security obligations.The third part is mainly to discuss the tort liability of the university in violation of safety and security obligations. The last part focuses on the responsibility of the university in violation of safety and security obligations bear problems, including the responsibility principle, responsibility for elements attributable form. This article focused on the constituent elements of the university in violation of safety and security obligations. Analysis of liability form, in the case of infringement of a third party, the breach of security obligations, universities and infringement of a third person shall, in accordance with their respective degree of fault and why the proportion of force corresponding responsibility commitments.