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近年来,学生安全事故频发,不仅给受害学生及其家长带来了身体及精神上的极大伤害,而且扰乱了学校正常的教育教学秩序,同时也给政府和社会带来了损失,校园的安全问题已成为家长、学校、社会关注的焦点。研究学校与在校的未成年学生的关系,是确定学校在学生安全事故中承担责任的关键。本文从学校与未成年学生之间是监护与被监护的关系或是管理与被管理的关系两种争议观点出发,详细论述了学校对未成年学生履行的不是监护职责,而是教育管理职责。这种教育管理职责,不是由监护人和学校自行约定的,而是由法律直接加以规定的法定职责。
In recent years, frequent student accidents have not only caused great physical and psychological harm to the students and their parents, but also disrupted the normal order of education and teaching in schools and brought losses to the government and society. The campus The security issue has become the focus of parents, schools and society. Studying the relationship between schools and young students in school is the key to determining the responsibility of schools in student safety accidents. This article from two point of view of the relationship between the guardianship and the guardianship between the school and the minor student or the relationship between management and management, discusses in detail the school is not guardianship responsibility to the minor student, but education management responsibility. This educational management responsibility, not by the guardian and the school agreed on by their own, but by the law directly to the statutory responsibilities.