The Legal Discussion Of Civil Liability Cognizance And Deal On Injuries Accident In School Physical Education

In recent years, the happening and solution of the problem of injury to students has come to be the hot-point of the society. Legislation in our country lacks concrete and distinct stipulations to the assertion of the liability, and the solution of this kind of accidents. It lack of practicality and caused much dissidence. Consequently, the condition is not beneficial to the healthy development of higher education. The vulnerable points of the legislation study on school injuries have a direct influence on the justice of the solutions. Legislation on injury to students and execution of law starve for improvement and enhancement, while the practice of legislation and judicatory is calling for a better instruction on accidents of injury to students. So, a systematic study of the legislations about the solution of school injury will strengthen the legal protection of school physical education and formulate and protect the lawful rights and interests of the students, the parents of the students, the teachers as well as the school. The writer, from the point of focuses of the legal nexus between school and minor students ,the imputation rules of civil liability on injuries in school physical education, the cognizance of school on injuries accident in school physical education, and more arguments arising from the accidents of injury to students, adapting the method of philology, comparison, case analysis, referring the foreign practical experience as well as legislation, assimilating the achievements from multitudinous law experts' and educational experts' theories, summing up the judges' wisdom and rich trial experience, managed to analyze the important law-applying problems on injury to students in our country in recent years. The writer tries to do his possible contribution to the nation's building of law and research of theory on the phenomenon of injury to students. The following conclusions are drawn in this paper: 1) the school is not the student's guardian. 2) injury in school physical education is a kind of injure in essence and a multi-relief system must be founded; 3) civil liability cognizance and deal on injuries accident in school physical education,principle of fault responsibility is used dominant, and justice responsibility assistant.4) the key of appropriate solution of school physical educational injury lies in strengthening the legal system building of social insurance and physical insurance and the socialization of the compensation.