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The Duty Of Care Of The Theory Of Education Institutions

Posted on:2014-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:D F ChenFull Text:PDF
GTID:2296330467465141Subject:Law
Abstract/Summary:PDF Full Text Request
The duty of care of the education institutions is an important component of thetort liability law.Tort liability law in our country on system design of duty of careeducation institutions for the maintenance of campus security and students’ personalsafety has played a positive role, but there are still some deficiencies and defects,worthy of our study and discussion.Based on the duty of care education institutions asthe research object, through the theoretical basis of duty of care education institutionsanalysis judgment standard and rational limitation of duty of care educationinstitutions, reading education institutions in our tort liability law duty of care, andcombined with the judicial practice in China for its perfect put forward thecorresponding suggestion, in order to lead the jade effect.Besides preface, this paper will be divided into four parts.The preface. This part mainly introduces the general research situation of duty ofcare education institutions, as well as the theoretical significance and practical valueof this topic.The first part of an undertaking research case. This part mainly introduces theorigin of the case, the litigant request and justification of, as well as the trial of thecourt.The second part of the case are the main focus of dispute. This part mainlyintroduces the case of the parties to the case of legal facts and reasons of the maindisputes and differences, and help to lead this paper specific to explore and researchthe problem.The third part review and interpretation of duty of care education institutions.The content of this part mainly includes three aspects: first, the duty of care educationinstitutions of theoretical considerations. Mainly expounds the concept of duty of careeducation institutions, education agencies, the legal nature of duty of care and duty ofcare education institutions of the legal relationship of factors analysis; Second, theeducation institutions judgment and analysis of duty of care. Mainly introduces theeducation institutions and whether a duty of care exists is in violation of the judgmentstandard, and analyzed the education organization reasonable limit of duty of care;Third, the interpretation of the duty of care and perfect education institution of China.Mainly introduced the our country education institutions, the interpretation of a duty of care and duty of care of perfect education institution of China.The fourth part of the conclusion. Duty of care, this part mainly discusses theeducation institutions and summarize cases involved.
Keywords/Search Tags:duty of care, The duty of care of the education institutions, Judgment criteria, Reasonable limit
PDF Full Text Request
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