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侵权法中的注意义务是要求行为人需采取合理的注意以防止造成他人人身伤害或财产损失的一种民事义务。学校作为侵权法上特殊的民事主体,所负有的注意义务有别于一般主体,这项注意义务的设定,在于保障在教育关系中受学校管理的弱势群体的合法权益不受侵害。然而在实践中,学校等教育培训机构的责任推诿现象屡见不鲜,究其原因在于对其注意义务的界定不明确以及内容的不完善,最终致使受损的权利得不到切实的救济,维权之路难行。因此,对于学校的安全注意义务的界定和完善是加强其机构管理、减少侵权事件发生、受害主体权利得到及时救济的关键。
The duty of care in tort law is a civil obligation that requires the perpetrator to take reasonable care to prevent bodily injury or property damage to others. As a special civil subject in tort law, schools have different duty of care from general subjects. The duty of care is to ensure that the lawful rights and interests of the disadvantaged groups under the management of the educational system are not infringed upon. However, in practice, it is not uncommon for schools and other education and training agencies to push their responsibilities seriously. The reason is that the definition of their duty of care is not clear and their contents are imperfect. As a result, the damaged rights can not be effectively remedied. Difficult. Therefore, the definition and perfection of the obligation of paying attention to safety in schools is the key to strengthening the management of its institutions, reducing the occurrence of infringement and obtaining timely remedies for the victim’s rights.