高校安全保障义务-法律专业论文.docxVIP

英文摘要 英文摘要 PAGE PAGE 4 The second chapter comparatively inspects theoretical basis of obligations of safety and security of colleges and universities both in China and America. This chapter firstly analyses the process of historic development of theoretical basis of obligations of safety and security undertaken by American colleges and universities, combined with the reality of development of colleges and universities over the past century in China, and analyzes the theoretical basis of obligations of safety and security, which China demands colleges and universities to undertake. Finally, by comparison, I draw a conclusion that only by firstly explicitly defining the status and legal relations between colleges or universities and students can our country demand colleges and universities to bear obligations of safety and security. The third chapter mainly discusses the confirmation of breach of obligations of safety and security of colleges and universities as well as theirs accountability. The discussion focuses on the two elements among the constituent elements of breach of obligations and responsibilities of safety and security of colleges and universities. Omission of colleges or universities violates theirs obligations, and has causality with harm which student victims had been subjected to. By analyzing formation of liability which colleges and universities should be undertaken for breach of obligations of safety and security, I consider that colleges and universities, together with a third party, should bear the joint responsibility for the student victims when a third party infringes upon the rights of other people. The fourth chapter expounds establishing and improving the relevant laws on obligations of safety and security of colleges and universities. I consider that obligations of safety and security of colleges and universities should be reflected in the relevant legislation, at the same time, putting forward a legislative proposal that draws up “Cam