Study On The Duties To Aid The Injured In The School Physical Education

Physical education is an important part of school education, in which arising dispute is objective fact. To solve such disputes through judicial means becomes a last method. Based on the scholars research achievements on school sports disputes and judicial case analysis, the dissertation considers schools responsibility to protect their students is different from the duty of care and the duty to rescue in the common sense, but essentially a comprehensive obligations to provide assistance. Nowadays whether the schools appropriately comply with such obligations is an urgent problem in the school physical education. In the perspective of theory of "rights-model" quite a number of scholars study this problem by improving sports insurance, bearing legal responsibility and protecting civil rights, those multi-angle, multi-level research provide the beneficial theory for reference. But on the base of the current situation of sports insurance market, imperfect legal system in the sports field, especially absence of the peer obligation for students' sports rights, there is the validity and pertinence theoretical reseach and specific measures to help to solve the problem. From the view of legal philosophy, centering on the right-duty logic system bases on sports participant behavior in the real life, we should enjoy fundamental analysis for rescue behavior itself by duty-right paradigm instead of separate the right-paradigm or duty-paradigm. So taking school sport participants behavior as the logical starting point, we pay special attention to the duration, conditions, performance methods and tests for rescue behavior in school physical education, And then, on the basis of the nature of rescue behavior, carry on a general abstract analysis for behavioral characteristics, the types of behavior, etc. and establish the basic concepts and legal propositions. As a result we may make the overall research on the duties to rescue and illustrate the subject in the school physical education.Chapter I mainly introduces the background, significance and review etc. They shows that we should take protecting the student rights of sports as the center, duty-paradigm as the path to solve the relative disputes in school physical education. It is required specific duty undertakers perform appropriately their duties to realize the students' sports rights protection.Chapter ? first defines the scope of the school sports from the time, space and body. Considering the analysis of the current research and focus, the school sports disputes will be divide into civil liability disputes, the administrative liability and criminal liability disputes and litigation disputes. Through the collection and analysis of 90 cases with four types of disputes, data shows that most of school sports disputes were caused by the breach of the duty to rescue, if it is to measure the behavior of sports participants at a heightened safety ensuring obligation, this is easy to cause the uncertainty of the law application, also not enough to explain the rationality of the fair. According legal regulations on prevention and suppression for the sports inner risk, the apportionment of loss caused by the sports injury accidents, the duties of relief will be preliminarily divided into the strict relief, general relief and broad relief obligations.The chapter III illustrates legal basis for the duty to provide the assistance. School sports involves the value orientation of public policy, law and ethics. This part first introduces the legalization standards for the duty of relief to the two law systems beginning form the law of sports aid obligations and development path, and then demonstrates the legitimacy from the perspective of the consequentialist theory and the deontology theory, shows the morality denies the legalization of the duty to aid from the methodology. This part mainly refers to Kant' obligations topology and others mutual assistance theory, and explains the conditions for general aid obligations, strict assistance obligations and the broad relief obligations.The chapter IV engages the normative analysis for the aid obligations. This part begins with the legalization of aid obligations through the right model, duty-paradigm path, demonstrates the reasons why schools undertake the strict aid obligation and the legitimacy and its scope, shows the liability principle and predictability test in strict assistance duty, the resilience test in performing the general assistance obligation,.The chapter V Discusses the principle of the responsibility when general relief and obligations requirements, the school violates the duties including the strict duty and the general duty to aid the injured. Meanwhile based on the guidance of the education public policy the equality theory demonstrates the legal value and limitations for the broad duty to aid.When the loss-sharing principle meets with the rule of the assumption of risk in the judicial process there is not a general participant-accepted test. Thus the rule of the assumption of risk was made the detailed analysis, focusing on the development, the status quo, the types and the independent value. This will be of reference to our school physical education.The chapter ? aims to the resolution to the potential disputes about the duty to aid. This part bases on the special relationship between schools and student combining with the basic values of school education and the independent value of school physical education. For different types of school physical education assistance obligations, we agree with the social risk-sharing pattern suggested by some researchers, but at the same time, should not weaken the administrative accountability the related school staff. In the light of separate thesis of the economic compensation and administrative responsibility, "government-guided, sports participants participation" pattern should be improved for the integrated supporting mechanism from risk-preventing mechanism, the administrative denunciation, the system of docking litigation and conciliation, etc. to resolve the related disputes in school physical education. The conclusion does the full review and points out the possible research and the deficiencies that is improved in the thesis.