Font Size: a A A

A Research On The Imputation Rule And Compensation Of Injuries Accident In Schoo1 Physical Education

Posted on:2010-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:W F XiaoFull Text:PDF
GTID:2166330338987875Subject:Physical Education and Training
Abstract/Summary:PDF Full Text Request
The school injury incidents refers to the accident result in school students physical damage or moral damage or seriously affect of the victim's life or even lead to death of the victim, which happened when the students participating in sports activities organized by the school organizer in school or outside (including physical education, sports competitions and after-school sports training),or occurred in the school's sports stadiums and other sports facilities in which school have the managerial responsibility. In recent years, the frequent accidents of school sports injuries and the inadequate of the related sports law bring serious harms to the state, schools, teachers, families and individuals, and also bring serious impediment to the school sports functions and education goals.The research methods combining with the case studies and social studies, aimed at achieving the following research purposes: First, to define the meaning of the school sports injuries; Second, to analysis the classification standards of the of sports injuries, which will help to identify the classification criteria of the responsibility to injuries at the same time. Third, to explore the reason of school sports injuries and classify the accidents; Fourth, analysis the principle of legal liability of sports injuries that applied to school. Fifth, to explore the compensation principles and scope of school sports injuries. Sixth, make some suggestions basing on case studies and the investigation of school sports injuries.There are some conclusions in this paper, which based on the literature data, the collection of 50 cases of school sports injuries and a random sample survey of 51 sports experts in Huazhong University of Science and Technology: 1. According to the cause of the sports injure accident as the divisible criteria is the most reasonableness, and the the divisible criteria can also accord to the party in fault, the scope of school sports, the place of the injury accidents, and the degree of injury as the criterias, but the time of accidents is not suitable as the criteria for the classification. 2.There are four areas of the causes of injuries : the reason of students, the reasons of physical education teachers, the reasons of schools, and the reasons of accidental injuries. 3. Sports injuries applied to the principle of fault liability and equitable principle, but not applied to presumption of fault and no-fault liability responsibility principle.The victims can deal with the issue of accidental injury by their own responsibility. 4. The principle of compensation and scope of school sports injuries applied to the damage caused by general tort. Compensation principles include the principle of full compensation,the principle of fault offset,the principle of the profit and loss offset and the principle of weight interests. The compensation scope is divided into the general scope of the compensation,disability compensation and death compensation. 5. There are some proposals for prevention and compensation of school sports injury in this paper basing on analysis.
Keywords/Search Tags:school sports, injury incident, principle of responsibility
PDF Full Text Request
Related items