It Is Base Point With Between The Safety Duty Of Care To The School Management Responsibility

In the recent years, students’accidents occurred frequently, quite a lot of which are caused by sports activities. This has raised wide discussion in the society. When settling these accidents, one of the key issues is to determine the school’s liability. To determine such liability, it is necessary to specify whether the school breaches any duty of safety care. Insofar, the statute only provides general regulations on the classification and determination of liabilities, while no practical standards or rules have been adopted. This paper, by adopting documentary, comparative, case analysis and other methods, tries to introduce some law-making and practical experience from advanced countries, analyze the school’s administrative liability in sports injury accidents from the point of duty of safety care, and advise on the improvement of liability determination mechanism for student’injury accidents and insurance remedy mechanism.This paper is in six chapters. Chapter one briefly describes the development and current status of school’s duty of safety care in primary countries and China. Chapter two, based on China’s liability allocation principles in conjunction with foreign legislative experience, view that objective standard should be adopted when determining the school’s liability. Further, rational person’s duty of care is the most important objective standard. In sports activities, the PE teacher, as a professional, should be imposed on a higher standard of due care. Chapter three focuses on the standard and boundary to judge whether the school breaches its duty of safety care in order to decide whether the school should take responsibility for any tort liability. Chapter four illustrates the special relationship between coaches of the university sports team and students athletes by a specific case. Such relationship requires a higher standard of due care of the university and the coach to prevent predictable injuries to athletes. Chapter five lists some defense by the school, including voluntary assumption of risk, express agreement and mixture negligence. Based on the foregoing five chapters, Chapter six advises that judicial interpretations to the Tort Liability Law would be necessary, and a unified Campus Safety Law should be promulgated nation-wide. Meanwhile, insurance remedy should be available for students’injury accidents in order to protect the legal rights of students and schools, which should be solved by the whole society.