Students' Sports Rights Study

The school athletics is the important part of the school education, including each kind of athletics lesson teaching, lesson outside athletics activity of school, lesson remaining athletics training and athletics contest. For many years, cases because of school athletics of the indemnity dispute between student and student, student and school increase gradually, the school usually adopts some negative ways of doings to the athletics lesson, because of being afraid the damages of high sum and the law responsibility for carrying wanted, cancel or avoid some contents with bigger risks, such as single parallel bars, climbing ropes, soft steps, rib wood etc., but as a part of the school athletics lesson, these items play an important role in practicing each part of students' body, which is irreplaceable of other items. Even some schools don't ascend athletics lesson, or change athletics lesson at will to other courses. These way of doings all infringe upon the student's athletics rights seriously. For this, Ministry of Education promulgated《the processing ways of the accidents of students' hurt》on July 13th, 2002, call as follows《ways》. And it came into force on September 1st, 2002. The implement of the《ways》will be advantageous to the rights which guarantees teachers and the students both parties doubtless. And thus will be advantageous to the smooth progress with the teaching and smooth implement of the quality education. But, the《ways》is just the general laws of dealing with accidents of students' hurt, and not stipulate the law responsibility of the problem of the students' injury in school athletics.The 13th revision bill was passed on the 2^nd session of the Ninth National People's congress in 1999, and established the constitution principle of "governing the country according to law and make it a socialist country ruled by law" for the first time,"governing the education according to law" and "govern the physical education according to law" was admitted by constitution. And become the rule to be followed and target for pursuing of education cause and athletics cause. As an important attribute of the school physical education, the students' physical right is the basic right as citizen. It is generally considered that it will take 3 steps for certain right to develop from being proposed to being practically ensured and finally being held by people. It is called due right phase, legal right phase and truly right phase. Currently, it has come into truly right phase in the Europe and America flourishing nation and Japanese, Korea etc. The research and fulfillment of this aspect in our country is still at a beginning stage. As the foundation of social athletics and tournament athletics, the school athletics has an important function in the education cause and athletics cause of our country.Have owing to this, the text tried to set out from the deep reason of the injury accidents of the school athletics, inquiring into why the student's athletics right suffer from injury and how guarantee the student's athletics right from the angle of the law. So as to support the right of three aspects of the school, the teacher and the student. And it also guarantees the actualization of the school athletics and provides theoretical support with feasibly promoting the quality education and "governing the education according to law" and "govern the physical education according to law".