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Study On The Legislation Of Campus Sports Safty

Posted on:2016-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:T T HuangFull Text:PDF
GTID:2297330482469939Subject:Humanities and social
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School sports development cannot leave the law, to move the campus safety is inseparable from the guarantee of law. But, on the whole, our country sports legislation technology is relatively backward, so relevant laws cannot conform to the development of school sports. The existing sports laws and regulations because of its limitations and can’t work effectively dealing with our country school sports injury accident legal disputes. Therefore, we need to work on new legislation to solve practical problems of the school sports injury accident.Illegal, this article USES the literature material law, questionnaire investigation to our country school sports safety related laws and regulations of the investigation and analysis, and combining the relevant legislation experience of developed country, put forward basic framework for our campus sports safety legislation and structure.Research conclusions:foreign campus sports safety comparison system, perfecting the relevant laws and regulations system development, from the responsibility identification to the accident compensation and compensation funding sources have clear legal provisions; The campus sports safety related laws and regulations of the development of our country lags behind. There is a legislative body is not clear, the content is not specific, low legal effect problem, at the same time our country middle and primary school campus sports injury accidents occurred in recent years, high incidence, nearly half of the school in school sports injury accident happened in nearly a year. The resulting legal dispute, there are more than one 5 of the school sports injury accident had a legal dispute. Therefore, the need for the campus sports safety in order to solve practical problems.By combining the reality of school sports injury accident in our country, draw lessons from foreign legislative experience of developed countries, make the campus sports safety. Campus sports security legislation mainly normal development of physical education teaching and protect the legitimate rights and interests of students, protect the legitimate rights and interests of physical education teachers as the guiding ideology; To adhere to the four cardinal principles and press ahead with reform and opening-up, the principle of the constitution and relevant laws, objective and fair principle, the principle of theory with practice as the basic principle. Legislative process mainly includes the preparation stage, the establishment of the method and formation stage and perfect stage. The topic of legislation is set to the campus safety ordinance; The basic framework is divided into three chapters, the first chapter is the general, the second chapter for the responsibility and liability, the third chapter for the legal responsibility; Main content is:"the general" include "legislative purpose and aim of the definition of campus sports injury accident "scope" "basic principles" the legitimacy of the "school" "student guardians obligations" obligations "students" "school sports teaching facilities standards" "the legal relationships between schools and their students" "school and sports teacher responsibility"; The responsibility and the responsibility way including "school sports injury accident constitutive requirements" "fault liability principle" immunity "school" "assuming risk principle" "since unwilling to risk principle" "common dangerous behavior"; "Legal liability" including "presumption of fault situation" "the school is not liable the situation of responsibility "student and guardian of "the third party liability situation" "mixed liability situation" "force majeure damage situation" "no liability accident" "property damage compensation range" "compensation funding sources" "damages".
Keywords/Search Tags:The campus sports, security, legislation
PDF Full Text Request
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