Research On Compensation Liability Of Minor Students In Primary And Middle School Sport Injuries And Accidents In China

In recent years, sports injuries and accidents occur continuously among teenage students in school. This phenomenon become the focus of society and attracts the attention of parents. And also become one of the most serious problems for school administrators. During toadies "sunshine sports" development, how can we better deal with minor students in school sports injuries, resolve its legal disputes is a major problem for us.On one hand, because of inner risks in sports activities, there are physical injuries that may occur, and some damage is unavoidable in school minor physical education, sports activities, after-school sports training or sports activities outside school; another regard, the curiosity nature of the minor students , their physical and mental development is not yet mature and some do not recognize the potential danger, so its easily lead to injury accidents. However, there is no specific legislation of school sports injuries in our country, relevant laws and there are no clear provisions in regulations relevant to school sports injuries. This resulting in dispute and litigation among schools, students, teachers and their guardians injuries after the accident which bring misfortune to students and their parents, also cause trouble to school , affecting schools'normal teaching order, affecting physical and mental health of students, but also do harm to the social stability and harmony. At present, there are different opinions among scholars and our legislation and related regulations are not clearly defined. Then, how to divide responsibility for the minor students sports injuries and accidents at school, the scope of compensation, compensation standards?Through documents, interviews, case analysis and logical reasoning, this paper start from the focus of debates in legal relations between primary and secondary school and its students, school sports injury compensation Liability principle and school liability issues. Learn experience from foreign developed countries and jurists'famous theories. Focusing on the analysis of main body and scope of compensation, and introducing compensation for moral damage. Finally, try to find a good way to solve minor students sport injuries that happened in primary and middle school.Through research, authors educe the following conclusions:First, primary and middle school sport accidents means that the accidents happen during school organized sport activities in and out of school or happen in stadium which school take in charge. And lead to personal injuries or death. In accordance with the main responsibility of sports accidents, authors divide it into school responsibility, non-school responsibility and mixed responsibility. The characteristics are: non-predictable and complexity; happen by accident; injured students are under 18 years old; most injured students are the only one child in the families this cause trouble in accident handling.Second, during the accident, the relationship between school and students is neither custody transfer nor commissioned care. School is only responsible for administer, educate and safeguard the students. Schools are pacifically obligated in safety education, safety management and students security. In the main body of accidents compensation are school, students and their guardian, third party.Third, as the primary and secondary schools, sports injuries and accident is unexpected, and is contrary to the will of the people. There is no fault in both sides, so accidents do not apply the principle of fault liability. From a legal and practical sense, it also does not apply the principle of liability without fault. When identifying responsibilities, lawyer and judge should consider the issue from the point of whether schools fulfill their duty in safety education, safety management and security .Only when they did not fulfill the above duties, should they bear the compensation liability.Fourth, as for other peoples'injuries which caused by primary and secondary students, because they have no ability to compensate, their guardians are responsible for the compensation liability. This in reality is a kind of vicarious liability. For some minor students, hey have property income. According to the principle of equitable responsibility, first use his property to pay compensation. When they lack of adequate money, some compensation should be paid from their guardian. This in reality is a complementary responsibility. Third party liability must be a relationship with the sport accident. And because the third party failed to do security duty, their liability should in accordance with its behavior to judge the appropriate liability.Fifth, when determine the scope and standards of sports injuries compensation of primary and secondary schools, taking into account the parents'mental harm caused by the accident. Authors suggest considering the appropriate mental compensation caused by the injury.