The Research On The Responsibility Identification And Compensation Of Injury Incidents In P.E. Classes In Middle-Schools

The injury incidents in RE classes have been the focus the parents and the school leaders concerns. With one-child family policy and legal sense on the part of parents, many incidents in schools have to be for lawsuit for compensation. However, the problem is that the injury incidents in RE. class cannot be avoided easily for all kinds of reasons, and finally both parents accuse schools in the court because of the invalid consultation arbitration. So it's urgent to satisfy parents concerned and the schools by dealing with incidents.By relative theoretical research we can find no matter what types of injury incidents in RE. classes they are there exist two main questions: one is the identification of injury responsibility, the other is the compensation for injury.The former one deals with the types and the causes of the injury. For the types the essay divides them into seven levels of the injury incidents as the content of RE. lessons, the inducement of the injury, the place of the injury, the degree of the injury, the subject of the injury, the area of the injury and the time of the injury. For the causes the essay not only deals with unilateral factors concerning teachers, students, schools and so on, but also deals with multilateral factors concerning the relations between schools and teachers, between schools and students, and between schools ,teachers and students. In addition the former question also deals with the principles of investigation and the components of right infringement legally.Generally the injury incidents in RE. classes make the relative clients assume the responsibility of right infringement. According to the law for right infringement in China, there are four principles for responsibility assumption such as about the misbehaviors responsibility, about the deduction of the misbehaviors responsibility, about no misbehaviors responsibility and fairness responsibility.The latter one not only deals with the four parts that make up of compensation responsibility such as the injury facts, illegal behaviors, the relation between the behaviors and the consequences and the misbehaviors of the clients; but also dealswith the three parts such as reconciliation, degree for compensations and mental compensations. However, there exist some disputes over reconciliation and lawsuit of compensation according to Ways of Dealing with Injury Incidents in Schools. The disputes are mainly on the inappropriate reconciliation on the part of the educational administration, on the vague degree of compensation that make it inconvenient to manipulate. So according to relative legal interpretation, this essay suggests the compensation should also include mental levels.According to the research on the identification of injury responsibility and of the injury compensation and to the interview of teachers and students and parents, the biggest trouble is how to identify the responsibility shared on different parts. Another trouble is that the accused cannot afford a big sum of money. As to these questions some suggestions are putting forward including setting up a committee dealing with injury incidents on one hand and establishing insurance system dealing with the compensation.