德国中小学教师对学生的监管义务

Teachers'Duty of Supervising and Managing Students in Elementary and Middle Schools in German

德国中小学教师对学生承担监管而非监护义务。该监管义务不仅指教师有义务使被托付的学生免受损害,而且也指教师有义务避免他人受到学生的侵害。教师的监管义务以学校的实际生活为界限。应该根据教师职务的公职性质,依据侵权赔偿责任原则,并结合学生的教育教学实际,深刻认识具体情境中的教师监管义务。

In German elementary and middle schools, teachers undertake duties of supervising and managing students. But it is not guardianship duty. This supervising and managing duty means that the teachers not only have the duty to make the entrusted students exempt from harm, but also have the duty to protect other people from being harmed by students. The practical school life is the boundary for teachers＇duty to supervise and manage students. We should understand teachers＇duty to supervise and manage profoundly in concrete situation according to the public service nature of teachers＇ duty, the principle of infringement and compensation responsibility, and in relation to the reality of educating and teaching students.